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Janklow's Pardons

by TChris

When it comes to criminal behavior, the motto of some seems to be: "Never forgive and never forget." Presidents and Governors are vested with the power to grant pardons because people who have lived exemplary lives for many years shouldn't bear a disproportionate burden because of a single mistake. Felony convictions and minor drug convictions prevent people from holding some jobs. Some convictions prevent people from being bonded, denying them the opportunity to seek other jobs. In some states, felony convictions take away the right to vote. Felony and domestic abuse convictions also take away the right to possess a firearm for hunting or protection. There's nothing wrong with granting a pardon to someone who demonstrates that a lawless act was an aberration in an otherwise law-abiding life, particularly when the conviction causes a needless hardship.

The fact that former South Dakota Gov. Bill Janklow handed out 214 pardons is not, in itself, worthy of complaint. Executives are given that authority with the expectation that they will be exercise it wisely and mercifully.

It is disturbing, however, that Janklow pardoned his son-in-law, a case in which he had an obvious conflict of interest, and that he sealed the records of his pardons, shielding them from public scrutiny. Janklow says that he didn't know the pardons weren't to be sealed unless they were recommended by a review board. Janklow contends that he never read the statutes governing pardons. You'd think a Governor might want to understand the limits and scope of his power before he begins to exercise it.

It isn't unusual for Presidents and Governors to pardon friends if they believe their friends have been treated unjustly. That's their prerogative. Nor is it unusual that their decisions to pardon friends are criticized. That's the public's prerogative. But mercy shouldn't be limited to friends. Pardon applications should usually be screened by a board that applies objective standards to recommend pardons for those applicants who truly deserve them, whether or not they're buddies with the Governor. Janklow granted a number of other pardons that went through that process, and there's no reason to believe that those pardon recipients were undeserving of his mercy.

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