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5 of 9 DOCUMENTS Copyright (c) 2001 Louisiana Law Review Louisiana Law Review Fall, 2001 62 La. L. Rev. 49 ARTICLE: Executive Clemency, First-offender pardons; Automatic Restoration of Rights * * Executive clemency in Louisiana encompasses reprieves, commutations of sentence, pardons and remittance of fines and forfeitures. This article deals exclusively with commutations of sentence and pardons. NAME: Judge Helen Ginger Berrigan ** BIO: Copyright 2001, by LOUISIANA LAW REVIEW. ** U.S. District Court Judge, Eastern District of Louisiana. SUMMARY: ... The 1974 Louisiana Constitution embodied the legislatures hope that criminal offenders had potential to change and to live productive lives. ... A 1968 amendment added an automatic pardon for first offenders. ... The governor could grant pardons and commutations of sentence only upon the recommendation of this newly created Pardon Board. ... Even prior to the 1973 Convention, Louisiana courts consistently held that a gubernatorial pardon restored the person to a status of innocence of crime. ... The 1974 Constitution does not distinguish between the effects of a first-offender pardon and a gubernatorial pardon, and there were no debates at the convention regarding the potential differences. ... Without a constitutional amendment, the legislature cannot make substantive changes to the governors clemency authority. ... Louisiana Revised Statute 15:574.1 also originally provided that a majority of the total membership was needed to vote a favorable recommendation; because the Board consisted of five members, this meant three out of five. ... Again, because public officials are subject to the will of the electorate, a public official supporting a clemency application may hesitate to express that view because his view will be open to public scrutiny; opposing a clemency application is less likely to be viewed by public officials as unpopular. ... TEXT: [*49] The 1974 Louisiana Constitution embodied the legislatures h