pardon executive indiana
Indiana governor&#39;s pardon powers
<p>Can the governor of Indiana issue preemptive pardons like the POTUS can?</p>
<p>If so,</p>
<ul>
<li>what is the source of law that expressly confirms this, or at least leaves little doubt that this is within the governor's authority (e.g. judicial
interpretation, statute, commentary etc.);</li>
<li>have there been any instances in the past of it happening; and</li>
<li>is the scope of such pardons limited in any way?</li>
</ul>
<p>Thanks in advance for any answers.</p>

<p>The Indiana constitution is phrased differently to the US constitution in such a way to exclude pre-emptive pardons:</p>
<blockquote>
<p>(Indiana) The Governor may grant reprieves,
commutations, and pardons, <strong>after conviction</strong>, for all offenses
except treason and cases of impeachment</p>
</blockquote>
<blockquote>
<p>(US constitution) he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.</p>
</blockquote>
<p>(my emphasis)</p>
<p>The Indiana constitution explicitly states that the Governor may grant pardons <em>after conviction</em> and does not give the Governor the power to grant pardons <em>before conviction</em>.</p>
<p>By contrast, the Supreme court has judged that the President may issue pardons <em>after commission</em>, that is after the offence has been committed, and potentially before the arrest, trial, conviction or punishment. They can't issue pardons for crimes not yet committed.</p>
<p>The scope of pardons issued by the Governor is limited; this power is subject to regulation by law issued by the Legislature, and (if there is no regulation giving sole power of pardon to the president) the Legislature may form a council to review pardons. The council's advice and consent must be sought.  In fact, the Legislature appoints the Parole Board to this role. So the Parole Board gives advice and consent to pardons issued by the Governor.</p>
<p>In practice, therefore, the Parole Board makes these decisions, as Governors rarely refuse pardons recommended by the Board. Generally, though, pardons are rare, Mike Pence granted only three during his tenure as Governor.</p>
<p>References:</p>
<ul>
<li><a href="https://s3.us-east-2.amazonaws.com/iga-publications/indiana_constitution/Archive%20Constitution%20(as%20amended%202018).pdf" rel="noreferrer">Constituion of Indiana</a></li>
<li><a href="https://ccresourcecenter.org/state-restoration-profiles/indiana-restoration-of-rights-pardon-expungement-sealing/" rel="noreferrer">Guide to pardons in Indiana</a></li>
</ul>
