Vatican Pardon

Criminal trials in a small state that rarely has them are interesting to watch. The case of the pope's butler, Paolo Gabriele, who was accused of leaking confidential Vatican papers to the Italian press ended in a conviction for theft and an 18 month prison sentence in October. The case was a bench trial before a three judge panel. The Vatican state civil and penal courts are separate from the church's ecclesial courts as the Vatican state is a separate entity. The Vatican uses Italian criminal procedure and law for the most part. There are no jury trials, most prison sentences are served in Italy though these are rare, and there is no plea bargaining. Some cases are handled by the Italian courts. Today the pope issued a pardoned and commuted the prison sentence of Gabriele.

http://www.detroitnews.com/article/20121222/LIFESTYLE04/212220357/Pope-pardons-ex-butler-who-stole-leaked-documents?odyssey=mod|newswell|text|FRONTPAGE|p

http://abcnews.go.com/International/paolo-gabriele-popes-butler-convicted-sentenced-18-months/t/story?id=17412012

http://www.usatoday.com/story/news/world/2012/09/29/vatican-pope-butler-trial/1602295/

http://www.slate.com/articles/news_and_politics/explainer/2012/05/paolo_gabriele_case_how_does_the_vatican_deal_with_criminals_.html

s/ Kurt Koehler
308 1/2 S. State St. Suite 36
Ann Arbor, MI 48198 (Washtenaw County)

Mississippi Pardons

As expected the pardon power wins out over superficial notice requirements.  The Mississippi Supreme Court ruled all 198 pradons valid. The major issue is that of separation of powers. The judiciary simply can't intrude into the executive's pardon and commutation power nor can the legislature.  The real question is why some of these pardons were issued in the first place.  In the end as much as they may not like it now, the people of Mississippi gave that power to their governor and elected the man to fill the office.  Pardons might be something to question the candidates about next campaign.  That said, the pardon and commutation power is probably used too sparingly in modern government.  It is likely it will be used even less after this episode.

http://www.usatoday.com/news/nation/story/2012-03-08/mississippi-governor-barbour-pardons/53417198/1

http://www.cnn.com/2012/03/08/justice/mississippi-pardons/index.html

s/ Kurt Koehler
308 1/2 S. State Street Suite 36
Ann Arbor, Michigan 48198
(Washtenaw County)