This pamphlet provides an overview on pardons. Topics covered include types of pardons, the effect of a pardon, and presidential pardons for federal crimes.
Arizona USLegal Pamphlet on Pardons or Clemency
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FAQ
The pardon process can be lengthy as it is a rightfully thorough process. The evaluation of a pardon application may take several years from start to finish. A pardon application submitted under one presidential administration, but undecided under that administration, need not be resubmitted.
It is free to apply for a pardon in almost every state. There is absolutely no need to waste your money having someone apply for your pardon.
Clemency is a general term used for the act of reducing the penalties of a crime, similar to a commutation. Also, pardons are actually considered a form of clemency. If you receive a pardon, you are always receiving clemency, but if you receive clemency, you are not always receiving a pardon.
Only the Governor can grant a pardon, but first it must be reviewed and recommended to the Governor by the Board of Executive Clemency. The Board has the exclusive authority to hear the individual requesting the pardon.
(b) In all criminal cases, except treason and impeachment, the Governor shall have power, after conviction, on the written signed recommendation and advice of the Board of Pardons and Paroles, or a majority thereof, to grant reprieves and commutations of punishment and pardons; and under such rules as the Legislature ...
Only the Governor can grant a pardon, but first it must be reviewed and recommended to the Governor by the Board of Executive Clemency. The Board has the exclusive authority to hear the individual requesting the pardon.
The California Constitution gives the Governor the authority to grant clemency, which includes commutations of sentence and pardons.
In the judicial system, the meaning of clemency generally refers to a decision by an authority to reduce the punishment. Clemency can take the form of a pardon, which completely absolves an individual of guilt, or a commutation, which reduces the sentence without forgiving the person convicted.
