This pamphlet provides an overview on pardons. Topics covered include types of pardons, the effect of a pardon, and presidential pardons for federal crimes.
Maine USLegal Pamphlet on Pardons or Clemency
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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.
One thing to keep in mind is that an individual who accepts a pardon would already have been convicted as being guilty, even if they did not admit that guilt themselves. So, using the pardon may not be an admission of guilt, but that is a position the court already holds.
For example, a president or a governor might pardon a person who was wrongfully convicted of a crime or commute the sentence of a person whose prison term far exceeded the severity of their offense.
1) v. to use the executive power of a Governor or President to forgive a person convicted of a crime, thus removing any remaining penalties or punishments and preventing any new prosecution of the person for the crime for which the pardon was given.
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.
How Do I Apply for a Pardon? Complete the "State of Maine Petition for Executive Clemency" form. ... Get a certified copy of the indictment or complaint, judgment and commitment form, and docket sheet from the court you were convicted in. ... Get the petition notarized. Make copies of all the required documents.
The clemency function is an act of mercy that absolves an individual from all, or any part, of the punishment the law imposes. This is a power to grant full or conditional pardons, or commute punishment.
"Executive Clemency" refers to the constitutional power (see Maine Constitution, Article V, Part First, section 11) given exclusively to the Governor that allows him, following a criminal conviction or juvenile adjudication, to grant either a commutation of sentence or a pardon.
