This pamphlet provides an overview on pardons. Topics covered include types of pardons, the effect of a pardon, and presidential pardons for federal crimes.
Massachusetts USLegal Pamphlet on Pardons or Clemency
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A commutation is generally defined as a lessening of the criminal penalty, whereas a pardon is often defined as the termination of the criminal penalty. The Governor also has the power to issue a reprieve (also called a stay of execution or a "respite") to temporarily delay the imposition of a death sentence.
Clemency is the process by which a governor, president, or administrative board may reduce a defendant's sentence or grant a pardon. Clemencies have been granted in death-penalty cases for a variety of reasons.
If the Board determines that a hearing should be held, they will conduct a hearing and the full Board will then make a recommendation to the Governor. To be granted a pardon, a petitioner must have demonstrated "good citizenship," as well as a specific, verified, and compelling need for a pardon.
If someone is granted clemency, they are punished less severely than they could be. [formal] He avoided a stay in jail after a plea for clemency by his lawyer. Synonyms: mercy, pity, humanity, compassion More Synonyms of clemency.
A pardon and a commutation result in a reduction of punishment, but there is a distinction between the two. The difference between pardon and commutation is that a pardon relieves an individual of all guilt for the crime committed, while a commutation reduces the sentence without exonerating the person.
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.
Regardless, the most common form of clemency is a pardon. A pardon will essentially delete your criminal record if it is granted. This means that you can honestly tell people that you do not have a criminal past. You won't have to tell potential employers that you have been convicted of a crime.
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.
