Pardon?
ESPN has a good article about the appalling case of Genarlow Wilson. One thing puzzles me about the dodging responsibility game described here:
It’s frustrating work. No one involved believes Wilson should be in jail for 10 years.
The prosecutors don’t.
The Supreme Court doesn’t.
The legislature doesn’t.
The 15-year-old “victim” doesn’t.
The forewoman of the jury doesn’t.
Privately, even prison officials don’t.
Yet no one will do anything to free him, passing responsibility around like a hot potato.
Notice anything missing? It seems to me that the governor could simply end this gross injustice by issuing a pardon. [I am mistaken: see update.] While in some cases like the use of pardons is problematic because it’s such a capricious process, here the use of the pardon would correct an obviously arbitrary sentence. (I’m going to go out on a limb here and assume that consensual oral sex among teenagers is not a highly unusual activity in the state of Georgia, and very rarely lands people in the clinker.) Retroactively amending legislation actually seems like an inferior remedy. At any rate, Wilson remains in jail because of Sonny Perdue’s callous indifference about a tragic injustice, and it seems to be that this should be a political issue.
…A commenter answers my question: apparently the pardon power in Georgia doesn’t rest with the governor.
Also, Matt makes a good point in comments:
Well, it’s clear that “the prosecutors don’t” is true in the way that “George W. Bush wants to cut the deficit” is true; the DA says he doesn’t want him to spend 10 years in prison, and he has the means to free him, but he won’t do it. Though he says that if Wilson grovels a bit he might think about it. But his view is that it serves him right for insisting on a jury trial.