"There are a number of cases where it’s a genuine re-sentencing. It’s unprecedented ... That signals to me that the power is being used in a way it’s never been used before.”We disagree.
Admittedly, we have no idea what the basis is for Love's statement. We only know what we know, based on the data that we have taken the time to collect, from 1789 to present. On the front end of the data, "pardon and release" was the language used for what we call, today, "commutation of sentence." Prisoners were frequently pardoned, and ordered to be released at a later date.
As we coded "commutations" (heading further into the 1800s), we certainly noticed many (several hundreds) of examples of situations where sentences were commuted to end at a later date. For some period of time, we coded these examples "C-LD" (as opposed to "C-AO" - commutation at once / to time served). But, frankly, we just stopped doing so. Because they (C-LD's) were so common and we realized that even basic commutations featured later releases. As we also told Mr. Korte, "Finding such a thing is comparable to finding a dollar on the sidewalk. It doesn't happen every day but, when it does happen, it is probably not worth calling USA Today about."
|T.Roosevelt commuted 88 sentences to end at a "later date" in his first term|