Within the criminal justice system, there is a judicial act known as “clemency.” There are three main forms of clemency: 1) a pardon, 2) a commutation of sentence, or 3) a pardon. Read on to learn what clemency means to a convict and how each type of clemency works.

Clemency is another term for mercy, leniency, gold sorry. In the criminal justice system, it applies to convicted persons who are serving time in jail or prison. It is an act that can only be performed by an executive member of the government; under state law he would be the governor, and under federal law he would be the president of the United States.

Clemency extends leniency to the sentenced inmate by offering opportunities to reduce incarceration. As mentioned in the introduction, there are three forms of judicial leniency, including pardons, commutations of sentences, and pardons.

Pardon

A pardon is offered to certain qualified inmates to suspend the execution of their sentence in order to give them more time to have their sentence reduced. This form of clemency is most often seen in capital punishment cases, where an inmate faces the death penalty. By granting a pardon, the prisoner has more time to appeal the death penalty.

Commutation of sentence

Commutation of sentence is a form of clemency that reduces the sentence of the accused to a lesser sentence or a prison sentence. Most of the time, this applies to defendants whose sentence is incarceration. Although this form of clemency reduces or suspends a defendant’s prison sentence, it does not nullify the actual sentence.

Sorry

It’s common to hear about pardons in movies and on television, but in real life, pardons are incredibly rare and much more formal. In a basic sense, a pardon pardons a convicted person for their crimes and penalties. Pardons can only be granted by a head of state or a senior government official. They are generally only granted when a convicted person has paid his or her “debt to society” or is somehow worthy of forgiveness for the crime. Pardons do not nullify the sentence; they simply release the individual after they have served their time and paid the price for committing the crime.

Requirements for clemency

Clemency is often reserved for humanitarian purposes. For example, if an inmate is incredibly old or in need of extensive medical care, he may be granted clemency for his crimes. In other examples, clemency may be granted to those whose sentences were excessive or whose guilt was surrounded by doubts. Of course, there are times when clemency is granted as a favor to an executive’s friends or political associates.

Petitions for clemency

Inmates must apply for clemency by request or petition. Before a head of government reviews these petitions, most states require that the petitions be submitted through a review agency, such as the State Board of Pardons and Paroles. Talk to your trusted criminal defense attorney to help you understand your rights to leniency.