Two death row inmates decline Biden's commutation of their sentences.

[Safiel]

MSN

We do know that inmates may refuse pardons and indeed this has occurred.

However, in the past, the Supreme Court has ruled that, unlike a pardon, a commutation is binding and does not require the consent of the defendant.

The Supreme Court is unlikely to overrule itself in this matter.

These two individuals will likely have to deal with the fact that they are no longer on death row in pursuing their appeals.

The big difference between a pardon and a commutation is that a pardon carries an imputation of guilt and the acceptance of a pardon carries an implicit confession of guilt. A commutation does not have the same effect. Which is why pardons can be refused and commutations cannot.

 

[ataraxia]

OK. Interesting. But what’s the debate topic here?

 

[Lovebug]

OK. Interesting. But what’s the debate topic here?

Biden bad.

 

[Stealers Wheel]

It may also get these two placed in general population. That could spell serious trouble for them. One of the prisoners is a former police officer. He would not do well in general population.

 

[Rich2018]

MSN

We do know that inmates may refuse pardons and indeed this has occurred.

However, in the past, the Supreme Court has ruled that, unlike a pardon, a commutation is binding and does not require the consent of the defendant.

The Supreme Court is unlikely to overrule itself in this matter.

These two individuals will likely have to deal with the fact that they are no longer on death row in pursuing their appeals.

The big difference between a pardon and a commutation is that a pardon carries an imputation of guilt and the acceptance of a pardon carries an implicit confession of guilt. A commutation does not have the same effect. Which is why pardons can be refused and commutations cannot.

OK if they want to die, let them do so.

 

[Safiel]

OK if they want to die, let them do so.

A Federal Judge has already ruled in this matter, prisoners cannot challenge commutations, they are off death row whether they like it or not.

 

[Rich2018]

A Federal Judge has already ruled in this matter, prisoners cannot challenge commutations, they are off death row whether they like it or not.

Death Row prisoners can't influence the time they spend on Death Row
If the state doesn't want to execute them, they cannot insist that it does.