A person convicted of a crime receives a sentence ranging from a fine or community service to probation or prison time. In the most severe capital cases of murder, the state or federal government may impose the death penalty as a punishment. While the justice system does its best to work without bias and administer justice fairly and equally, there are some flaws present. If a convicted offender feels treated unfairly, they may seek an appeal, however, these don’t always work. The clemency process is an additional safety net.
The clemency definition points to an act of mercy or leniency by government officials. Clemency is a process for granting a convicted person relief from a court-imposed sentence or punishment. Clemency is a pardon or a commutation of a sentence. A pardon prevents a convicted person from any further consequences or future punishments.
A Commutation will either fully or partially reduce a sentence. A reprieve is also issued to delay a sentence and allow for appeals and other motions to decrease a sentence. The US Supreme Court established clemency as “fail-safe” protection against unjust punishments or convictions. Let’s take a look at what it means when you’re granted clemency.
Who Grants Clemency?
At the state level, most constitutions grant the power to provide clemency to the governor. In many instances, the governor will grant clemency based on the approval or recommendation of a state clemency board. Executive clemency procedures vary by state. Usually, the convicted offender or their attorney must make a petition for clemency to the governor or their board. The petition for clemency explains the need for leniency. The review process for clemency will begin once the petition has been received.
The Constitution grants clemency powers to the President of the United States If the offender has been convicted of violating federal law. The President has very broad clemency powers. The US Department of Justice typically accepts and reviews applications and then forwards them to The President. The justice department receives thousands of applications for different forms of clemency. President Donald Trump received over 12,000 petitions during his term and granted a little more than 200 of them.
What is Clemency For?
As discussed, The U.S. Supreme Court established clemency as a safety net for citizens against the judicial system. Clemency gives chief executives the power to examine and correct judicial injustices or inconsistencies. A commutation of a sentence or a full pardon is not a judgment of innocence, however, and it doesn’t erase a conviction. Clemency is the principle of showing mercy, compassion, forgiveness, and leniency.
A commutation is for cases where the punishment has been deemed to be too harsh or excessive. Most commonly, a commutation is for death penalty cases where the sentence is reduced to life in prison. A pardon, however, provides relief from the sentence and halts any future punishment. Many argue that accepting a pardon is akin to an admission of guilt.
How is Clemency Used?
Recently, many states and the Federal Government have used clemency in conjunction with criminal justice reform. The 1980s saw strict laws and harsh punishments created as part of a tough-on-crime platform. In recent years, however, legal analysts and justice reformers have pointed out that these statutes target certain portions of society and impose inappropriate punishments.
As a result, President Obama and many governors around the country began to issue clemency as a way to undo those harsh sentences. Most recently, Covid-19 also provided an opportunity for clemency and many prisoners were released early for health and safety concerns.
The power of clemency is a mechanism built into the US justice system to halt unfair or excessive punishment. Seeking clemency is something that must be done in consultation with a lawyer or other legal professional. A pardon or commutation, however, is a way for convicted offenders to get relief from unfair or unjust legal proceedings.
