What is the purpose of the Pardon ?

The question of "what is a pardon?" necessarily includes a look at the purpose for a pardon. The American constitutional concept of the pardon derived from England and the royal English Prerogative of Kings. Oftentimes, English kings would grant a pardon in exchange for money or military service. The pardon power in the U.S. Constitution, however, primarily reflects the purpose to temper justice with mercy in appropriate cases. It also is meant to do justice if new information comes to light following a conviction. Alexander Hamilton wrote that "humanity and good policy" require that "the benign prerogative of pardoning" was necessary to serve as a check on the judiciary's strict adherence to the criminal code.

What are the different Types of Pardons ?

There are different types of pardons, that vary from state to state. In the federal system, there are essentially two types - full pardons and conditional pardons. Full. A full pardon gives the convicted person back the status they had prior to conviction. Any rights that were lost are reinstated. If granted prior to conviction, then it absolves the person from any further criminal liability for an offense. Conditional. A conditional pardon can be issued in exchange for something. If a person meets a certain condition or complies with a request, such as providing information about co-conspirators in a crime, then a pardon will be granted.

What are the limits on the Pardon Power ?

The President's pardon power is limited by the U.S. Constitution, and a state governor's pardon power is limited by the relevant state constitution. With regard to the presidential pardon, the Constitution only expressly provides two limitations. The President can only pardon people for federal crimes, i.e., offenses "against the United States," not for state crimes. In addition, the President cannot use the power in cases of impeachment.

Can the President Pardon Himself?

The framers of the Constitution did not directly address the question of whether a president can pardon himself or herself. A preeminent scholar on the subject states that there are two likely reasons for that. Either the framers simply did not consider self-pardons, or they silently presumed that self-pardons were invalid. Indeed, the Supreme Court in the 1974 case of Schick v. Reed reasoned that a pardon cannot be used in a way that would "offend the Constitution." Accordingly, because a person under the law is not allowed to serve as judge in his own case, it is more likely that a court would interpret the Constitution such that self-pardons are not permitted. That said, it is impossible to know what the Supreme Court will do when faced with a question. To conclude, the answer to the question "what is a pardon?" involves a discussion of its definition, its purpose, and its limitations. At bottom, however, the appropriate use of a pardon is left up to the judgment of whoever occupies the office of the executive. One hopes it is exercised responsibly.

State Archives - Page 2 of 2

Presidential Clemency

By Brandon Sample | December 30, 2018 |

The presidential clemency power is one of the most powerful tools a President can use. The presidential clemency power can be used for mercy and to instigate policy change. Presidential Clemency Clemency is defined as mercy or leniency. The presidential clemency power the President of the United States holds is extremely broad and powerful. Many…

Executive Clemency

By Brandon Sample | December 30, 2018 |

The executive clemency power is an extremely broad and powerful ability of a President and a governor. This power can be used to promote policies and to render mercy. Article 2, Section II of the Constitution states: “The President…shall have power to grant reprieves and pardons for offenses against the United States, except in cases…

Pardoning State Crimes

By Brandon Sample | December 29, 2018 |

The inability to pardon state crimes is one of the few restrictions imposed on the President of the United States. State governors hold the power to grant clemency to those convicted of state offenses. Difference Between the Pardoning of Federal and State Crimes Pardoning State Crimes Article II, Section 2 of the Constitution grants the…

Commutation of Sentence – What does it mean to be commuted sentence?

By Brandon Sample | December 29, 2018 |

How to apply for commutation of sentence ,Commutation of a Sentence

What does it mean to be commuted ? – Commuting a sentence is a useful tool for both presidents and governors. Both can use this power to make a statement on criminal justice reform and exercise mercy based on their petitions. Pardoning a crime erases the crime completely from a person’s criminal record. This can…

Clemency Meaning : Clemency Law & Legal Definition

By Brandon Sample | December 29, 2018 |

clemency meaning,president & governor,what is clemency ?

Clemency Law and Legal Definition : As per Clemency law, ” to grant clemency ” is to give mercy, to forgive. According to the clemency law definition when we speak of an executive’s official power to grant clemency, be it a president or governor, the core of clemency power is to allow the executive personnel…

What is a Pardon ?

By Brandon Sample | December 3, 2018 |

There is probably no better time than now to ask the question – What is a pardon? Since the time President Trump won the Electoral College to become President, rarely has there been a day when the news did not mention the investigation into the Trump campaign’s collusion with Russia to swing the election in…

Pardon From Governor – 4 Stories of State Pardons

By Brandon Sample | May 20, 2018 |

The 45th President of the United States is steeped in scandal and controversy, with some of his closest allies pleading guilty to federal crimes or facing indictment. Understandably, our country has a renewed interest in the scope and power of the presidential pardon – particularly because the President is considering using it for himself. State…

Clemency Definition – Understanding The Basics

By Brandon Sample | May 17, 2018 |

Clemency Definition : So how do you Define Clemency – Except for a few notable instances, clemency primarily lies under the radar. It is often thought of a power reserved for the lame-duck period of a president’s term, but clemency has been and is invoked regularly, most recently by President Donald Trump. Beyond its few…

State

Presidential Clemency

Executive Clemency

Pardoning State Crimes

Commutation of Sentence – What does it mean to be commuted sentence?

Clemency Meaning : Clemency Law & Legal Definition

What is a Pardon ?

Pardon From Governor – 4 Stories of State Pardons

Clemency Definition – Understanding The Basics

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