Legal Definitions - executive clemency

Executive clemency refers to the unique authority held by the President of the United States and by state governors to show mercy or leniency to individuals who have been convicted of crimes or who might face criminal charges. This power allows them to modify or eliminate the penalties associated with a criminal offense.

The President's executive clemency power applies exclusively to federal crimes, while a state governor's power is limited to state crimes within their jurisdiction. This authority can take several forms, including:

• Pardons: Forgiving a crime and often restoring civil rights that were lost due to the conviction.
• Commutations: Reducing a sentence, such as shortening a prison term or lowering a fine.
• Reprieves: Postponing a sentence, often temporarily delaying an execution.
• Amnesty: A pardon granted to a group of people, often for political offenses or minor infractions.

Here are some examples illustrating how executive clemency might be applied:

• Example 1 (Federal Pardon): Imagine a person who was convicted of a non-violent federal offense, such as a minor tax evasion, twenty-five years ago. They served their sentence, paid their fines, and have since lived an exemplary life, contributing positively to their community. However, their past conviction still prevents them from holding certain professional licenses or serving on a jury. The President, exercising executive clemency, could issue a pardon. This act would officially forgive the federal offense, acknowledging the individual's rehabilitation and restoring their full civil rights, without overturning the original conviction itself.

• Example 2 (State Sentence Commutation): Consider a state prisoner who is serving a very long sentence, perhaps 30 years to life, for a non-violent drug offense committed under older, stricter sentencing laws. After serving 20 years, they have demonstrated exceptional behavior, completed numerous rehabilitation programs, and pose no threat to public safety. The state governor, using their executive clemency power, could commute the sentence. This means the governor would reduce the remaining time the person must serve, potentially making them eligible for immediate release or parole much sooner than their original sentence allowed.

• Example 3 (State Group Amnesty/Pardon): Suppose a state recently legalized recreational marijuana, but thousands of its citizens still have minor state-level convictions for marijuana possession from before the law changed. These old convictions create barriers to employment, housing, and education. The state governor, recognizing that these past offenses are now inconsistent with current public policy, could issue a form of executive clemency known as a mass pardon or amnesty for all individuals with these specific, minor marijuana possession convictions. This collective act of clemency would clear their records, removing the stigma and practical disadvantages caused by these outdated convictions.