This pamphlet provides an overview on pardons. Topics covered include types of pardons, the effect of a pardon, and presidential pardons for federal crimes.
Kansas USLegal Pamphlet on Pardons or Clemency
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FAQ
Aside from the occasional blanket grants of clemency by governors concerned about the overall fairness of the death penalty, less than two have been granted on average per year since 1976.
There are four types of clemency: Commutation, which reduces the sentence but does not pardon the crime. Reprieve, which suspends the execution of a sentence. Remission, which lessens the penalty but does not pardon the crime. Pardon, which forgives the crime.
Art. 1, § 7 the pardoning power will vest in the governor, under regulations and restrictions prescribed by law. K.S.A. § 22-3701 provides that the governor can pardon any person convicted of a crime in any court of Kansas upon certain terms and conditions as prescribed in the order granting the pardon.
In seven states?Arizona, Delaware, Florida, Louisiana, Oklahoma, Pennsylvania, and Texas?the governor must have the recommendation of clemency from a board or advisory group. In Georgia, Nebraska, Nevada, and Utah, a board or advisory group has the sole discretion to grant clemency.
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.
The California Constitution gives the Governor the authority to grant clemency, which includes commutations of sentence and pardons.
To apply for clemency, an individual must do the following, using documents from IMPP 23-101A1: 1. Provide notice to the county judge and prosecutor within any county of convictions. 2. Provide notice to the public through a publication (e.g., a newspaper) in the county.
Once the application is submitted the Office of Executive Clemency may take anywhere from 1 to 7 years to review the application. Specific Authority to Own, Possess, or Use Firearms - we will submit the application after conducting a thorough evaluation that takes approximately 3-4 months.
