Amendment: Improving the Justice of Pardons and Commutations
The People have seen that the power of pardon and communication at the sole discretion of a single, partisan actor results in perversities of justice and corrupt quid pro quo schemes. Therefore, the People make the following changes to this power of mercy or remediation of injustice granted in the name of the People.
I. The Executive of the Union or an Executive of any State may submit a thorough and rational argument that a person convicted of or who pled guilty of a crime in any jurisdiction should have their crime pardoned or punishment commuted in the interest of justice. The nominations and mandatory argument will be published publicly. The Executive's rational when requesting mercy on the People's behalf must include a reason why the subject is different from similarly situated convicts who are not receiving the same action.
II. A Pardon Board comprises four governors of states, two from each of the leading parties, selected at random from those governors interested in participating in each party, and the Vice President of the Union. The standard term of a member of the Board shall be four years or completion of the member's qualifying office. This Board may reach into any jurisdiction to free a person in the interest of justice.
III. This Board must meet frequently enough to ensure a response to each petition within one year's time frame. The research and analysis may be delegated to staff, but the meeting and final decision may not be delegated. No person shall receive a pardon or commutation until their due process of law is complete. A decision to pardon the conviction of a person who has had full due process requires four votes, but a commutation of punishment requires three.
IV. A convict does not have the right to attend the hearing, but does have the right to submit documentation. A victim does not have the right to attend a hearing, but does have the right to submit documentation.
V. The decisions of the Board may not be reviewed by another court unless there is a credible accusation of corruption.
VI. The Board may hear petitions of historical pardons, but they need not meet a one year deadline. The Board may hear pardon or commutation petitions based on classes of people, but they must specify the terms of the class and everyone similarly situated should receive the same justice. Individual names must still be published publicly for class petitions.
VII. No one may sit in judgment of petition for pardon or commutation of their own crime or crimes of their friends, family, or someone accused of a crime with the petitioner.
