This pamphlet provides an overview on pardons. Topics covered include types of pardons, the effect of a pardon, and presidential pardons for federal crimes.
Montana USLegal Pamphlet on Pardons or Clemency
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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.
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.
Montana Constitution vests sole authority to grant/deny clemency in the Governor. House Bill 43, passed by the 2015 Legislature, gave the Governor authority to review the Board's clemency recommendations and make a final, binding determination.
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.
To apply for clemency in California, the applicant must: Notify the District Attorney (D.A.) of the county in which the offender was charged and sign an affidavit declaring that they did so. Complete and send a signed application of clemency to the Governor.
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.
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.
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.