@Velocity (Velocity) posted a new topic, subject ""No possibility of parole" - can this be overturned?". It read:

   When someone is sentenced to life imprisonment with no possibility of parole, can some higher court strike this down and say, “Parole *is *possible?”

So @Alley_Dweller (Alley Dweller) replied

    Velocity:
    
    > When someone is sentenced to life imprisonment with no possibility of parole, can some higher court strike this down and say, “Parole *is *possible?”
    
    Of course. A higher court can find that the lower court erred in its sentencing or that it abused its judicial discretion.
    
    You didn't ask, but the Legislature can also change the law and include a provision that inmates previously sentenced to LWOP are to be released under specified circumstances. And (in most states), the governor can pardon the prisoner or commute his sentence.
    
    And refer to this recent thread:
    
    Sentenced to life without parole but paroled anyway?

So @UDS (UDS) replied

    Velocity:
    
    > When someone is sentenced to life imprisonment with no possibility of parole, can some higher court strike this down and say, “Parole *is *possible?”
    
    When someone is sentenced to life without parole, I wouldn't assume that the “without parole” bit was something added on at the discretion of the sentencing court. The legislation may specify, e.g. that if the sentence is not one of death it must be one of life without parole.
    
    In that case a higher court could not strike down the “without parole” bit. But, of course, as Alley Dweller points out, the legislature could.
    
    If the sentencing court does have a discretion then, yes, if (as is usual) the defendant has a right of appeal on the grounds that the sentence is excessively severe then obviously on appeal the sentence could be varied, including the “no parole” bit of the sentence.

Then @Ethilrist (Ethilrist) said

    Would a Presidential pardon work?

After which, @Jackmannii (Jackmannii) added

    Governors exercising their “discretion” may commute a life without parole sentence to one with possibility of parole.
    
    KBIA – 22 May 15
    
    ### Gov. Nixon Commutes Jeff Mizanskey's Life Without Parole Sentence for Drug...
    
    Governor Jay Nixon has commuted the sentence of a man who had been sentenced to life without the possibility of parole as a persistent drug offender in…
    
    Even with heinous crimes, memories fade after awhile and if you have enough friends in high places, “never” has a chance of becoming “well, maybe”. And of course, there are other ways for murderers to get out of prison.

To which @Northern_Piper (Northern Piper) replied

    Ethilrist:
    
    > Would a Presidential pardon work?
    
    Only for a federal crime. The president has no power to pardon someone convicted of a state crime.

So @asahi (asahi) replied

    Ethilrist:
    
    > Would a Presidential pardon work?
    
    Presidential commutation would work and still keep them in jail, provided that they're federal prisoners.

Then @sweeteviljesus (sweeteviljesus) said

    In some states, like Texas, without possibility of parole has been found to be an unconstitutional usurpation of judicial powers by the Legislature.
    
    Rob

@astorian (astorian) replied

    sweeteviljesus:
    
    > In some states, like Texas, without possibility of parole has been found to be an unconstitutional usurpation of judicial powers by the Legislature.
    > 
    > Rob
    
    Though in reality, death penalty supporters have often rejected the “life without parole” option for fear it might lead to the end of capital punishment.

@alphaboi867 (alphaboi867) replied

    Northern_Piper:
    
    > Only for a federal crime. The president has no power to pardon someone convicted of a state crime.
    
    It's worth noting that “federal crime” would also only any offence committed in the District of Columbia (& arguably in US possessions like Guam or Puerto Rico).

After which, @JRDelirious (JRDelirious) added

    alphaboi867:
    
    > It's worth noting that “federal crime” would also only any offence committed in the District of Columbia (& arguably in US possessions like Guam or Puerto Rico).
    
    No, at least in Puerto Rico the overlapping criminal justice spheres of action are identical as would be those of a State. Someone convicted for a violation of the Puerto Rico Penal Code is NOT guilty of a “federal crime” by that fact. The President does have pardon power in DC because DC itself is a federal dependency, but every crime in DC is not a “federal” offense and common crimes in DC are pardoned by the Mayor.

Then @JRDelirious (JRDelirious) said

    Missed edit window: Or more accurately, there are offences under DC statute that are not necessarily in the US Federal penal statutes, which can be pardoned by the Mayor and the President.

Then @Mdcastle (Mdcastle) said

    astorian:
    
    > Though in reality, death penalty supporters have often rejected the “life without parole” option for fear it might lead to the end of capital punishment.
    
    That and as the thread notes, there's no absolute guarantee the person will actually leave prison in a box. They could be pardoned, the law could be overturned, they could appeal, or any number of scenarios. Even someone accepting LWOP in a plea bargain because the death penalty was on the table precludes at least one of these scenarios.

To which @Tim_T-Bonham.net (obernard@example.org) replied

    Many prison systems are starting to accumulate so many aged prisoners (via 3 strikes laws, etc.) that they are almost at the point of creating a ‘nursing home prison'. And sometimes Governors in those states are encouraged by prison authorities to pardon some aged & infirm prisoners, rather than have to pay for their expensive medical treatment in the prison budget.
    
    Of course, it's likely that the state would still pay for it under a Medicaid program, but generally that's cheaper than medical care in prison.

To which @Jim_B (Jim B.) replied

    I would just point out another interesting aspect of **changing the laws** to let out aged (and other) prisoners.
    
    I know where I live, MI, we also have life “without the possibility of parole”. And yes, people often remark it is not set in stone, because legislators can and do change these things.
    
    Now, the US constitution prohibits “ _ex post facto_ ” laws by clause 3 of Article I, Section 9 (and to the states to, by clause 1 of Article I, Section 10). (In case you don't know, this prohibits legislatures from enacting laws that retroactively change prohibited behaviors, or punishments.) But most judges say this doesn't mean you can't extend mercy, retroactively, because the law was meant to protect us from making penalties harsher, not more lenient.
    
    But I wonder if this view is universal. I mean, conservative judges usu. see things much differently than their more liberal counterparts. Also, some conservative judges may see this as a equal protection conflict, for the victims of crimes. I'm not sure. I'm just guessing on a lot of this. But I think stranger things have been known to happen.
    
    Now, please. Consider what I just said, and continue this discussion:).

@Boyo_Jim (Boyo Jim) replied

    JRDelirious:
    
    > Missed edit window: Or more accurately, there are offences under DC statute that are not necessarily in the US Federal penal statutes, which can be pardoned by the Mayor and the President.
    
    Can you find a cite that the mayor of DC has the power to pardon anyone?

@Omar_Little (Omar Little) replied

    Northern_Piper:
    
    > Only for a federal crime. The president has no power to pardon someone convicted of a state crime.
    
    But the Governor can.

So @Omar_Little (Omar Little) replied

    Boyo_Jim:
    
    > Can you find a cite that the mayor of DC has the power to pardon anyone?
    
    http://dccode.org/simple/sections/1-301.76.html

@Lemur866 (Lemur866) replied

    Omar_Little:
    
    > But the Governor can.
    
    “…Umbrella on her shoulder, piece of paper in her hand…”


{'source': 'discourse', 'url': 'https://boards.straightdope.com/t/no-possibility-of-parole-can-this-be-overturned/727436', 'title': '"No possibility of parole" - can this be overturned?', 'views': 3237, 'has_accepted_answer': False, 'word_count': 1246, 'like_count': 0, 'reply_count': 18, 'participant_count': 17, 'posts': 19, 'tags': '', 'author': '@Velocity (Velocity)', 'participants': '@Velocity (Velocity), @Alley_Dweller (Alley Dweller), @UDS (UDS), @Ethilrist (Ethilrist), @Jackmannii (Jackmannii), @Northern_Piper (Northern Piper), @asahi (asahi), @sweeteviljesus (sweeteviljesus), @astorian (astorian), @alphaboi867 (alphaboi867), @JRDelirious (JRDelirious), @Mdcastle (Mdcastle), @Tim_T-Bonham.net (Tim@T-Bonham.net), @Jim_B (Jim B.), @Boyo_Jim (Boyo Jim), @Omar_Little (Omar Little), @Lemur866 (Lemur866)', 'image_url': [None], 'created_at': '2015-08-10T07:30:41.000Z', 'last_posted_at': '2015-08-11T16:39:49.000Z'}