fmk_RoI said:
I thought most hereabouts were of the opinion that Bert didn't serve his time, but rather only a portion of it and CAS effectively commuted the rest by backdating his sentence and voiding results? Isn't that the sort of thing you normally point out yourself?
The correction though was to your erroneous claim that "Barabbas was emancipated without serving time." Clearly, in order to have his sentence commuted, he had to have been serving time.
Clearly, you're wrong. It is almost certain that he was incarcerated, but it is not definitive...unless you happen to have the specific code Pilate and those with judicial power at the time had...and I doubt that is the case.
The easiest way to explain why you're blowing harder than you should (not untypical for you) is that the President of the United States has the power to commute sentences. Generally, that is done for someone who is incarcerated. It is generally done when facts become known that were not known at the time of sentencing, or that came to light and were developed after.
Now, in the US, just because one has been sentenced does not mean they are immediately incarcerated. The general case is that they are immediately incarcerated, but it does not have to be so. A person may be sentenced, and have a date later they are to report for actual incarceration. It is not common, but it does happen.
Therefore, it is possible that the President of the United States could commute a sentence (because there are no restraints contained in the constitution that say otherwise*) prior to a person reporting for incarceration. Considering the fact that we do not have the code used in Pilate's time, I would suggest that there is at least a possibility that a person in that time period could have their sentence commuted prior to incarceration. Unlikely, but still not demonstratively false.
Thus, if you are going to continue to act in the manner you have traditionally acted, and are acting in this instance, I would suggest you choose your words more carefully.
You're welcome.
*and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.
http://www.law.cornell.edu/constitution/articleii