constitution


What You Need To Know About Pardons

What You Need To Know About Pardons

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What You Need To Know About Pardons

A pardon is
that which is given unto an individual in order to forgive them of any crimes
or offenses they may have committed and had been convicted of. In general, it
will normally be set forth by the head of State Government or of Federal
governments. Other terms associated pardons include “commutation,
reprieves, and clemency”.

Commutation
entails the decreasing of one’s sentence of penalty while not actually removing
it. Attaining a reprieve will, however, provide a delay in the incurring of
punishment. Clemency is an encompassing term that comprises all of these terms
in combination. The basis by which pardons are usually set forth includes that
persons have adequately paid their debt to society for the crimes they had been
convicted for. In addition, those who assume that they are wrongfully accused
may also seek out a pardon.

Under United States Federal law, a Presidential
pardon may be instituted as granted and set forth in Article II, section 2 of
the United States Constitution. It states that the President possesses the
authority to “grant reprieves and pardons for offenses against the United
States”. However, exceptions occur when concerning cases involving
impeachment of any kind.

Every Federal
pardon conveyed to the President will either be granted or denied as there is
no gray area in this area of Federal procedure. Review may also be done by the
“Office of the Pardon Attorney,” as a sector of the Department of
Justice.

Despite the
existence of pardons, there also exist issues that are at odds with such a
procedure. Some cite the availability of a pardon or a Presidential pardon as
something directly connected to benefits politically, more than anything else,
such as that which should actually provide adequate remedy for errors in the
justice system. An infamous pardon was when President Gerald Ford had granted a
pardon for the ex-President Richard M. Nixon. President Ford had pardoned Nixon
for his part in the Watergate scandal
. This represented a Presidential pardon
that did not garner much praise from the public, however.

In respect to the procedure set forth by the Justice
Department, recommendations are set forth for individuals seeking a pardon. It
is suggested that they wait a period of at least 5 years following either their
conviction or release from imprisonment. A Presidential pardon may then be set
forth at any time that a request is received.

A pardon
request will only be considered if it is in adherence with stipulations such as
the completion of sentences and evidence showing that the individual had shown
their renewed lives away from crime. A pardon does, however, assume a great
possibility for rejection and one will need firm acceptance in order for courts
to adhere to its granting.

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