Simple English definitions for legal terms
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Reprieve: A reprieve is when a court delays a criminal sentence for a little while. This means that the punishment won't happen right away, but it will still happen later. A reprieve is not the same as a pardon or commutation, which are permanent. The President and governors have the power to grant reprieves for federal and state crimes. Reasons for a reprieve can include waiting for new evidence or an appeal, medical emergencies, or family emergencies.
Definition: Reprieve means the temporary suspension or delay in the implementation of a criminal sentence ordered by the court. During the time of the reprieve, the implementation of the sentence is postponed. Nevertheless, that does not imply that the sentencing and its legal effects are no longer enforceable. Once the reprieve expires, the criminal sentence will be executed as ordered by the court unless there are legal circumstances that change the initial sentencing, like the result of an appeal. In no case shall the reprieve indefinitely postpone the sentence.
Commonly, the word reprieve refers to the temporary suspension of a death penalty sentence. However, a reprieve may also apply to other types of criminal sentences, such as imprisonment.
For example, in January 2020, the Ohio governor issued a six-month reprieve to a death row prisoner because of a lower court’s expressed concern and a subsequent appeal on whether Ohio’s death penalty procedure violates the Eighth Amendment. Other notable cases include the Colorado Governor who granted a reprieve to Nathan Dunlap in 2011, the Oregon Governor who granted a reprieve to Gary Haugen in 2011, and the Missouri Governor who granted a reprieve to Marcellus Williams in 2017.
Considering that a reprieve is only temporary, it should be differentiated from a pardon or commutation of the sentence, all of which are permanent.
Classified as a form of executive clemency power, granting reprieve is within the scope of authority of the executive branch. At the federal level, according to Article II Section 2 of the U.S. Constitution, except in cases of impeachment, the President has the power to grant reprieves for offenses against the United States (federal crimes). At the state level, the governors may be entitled to grant reprieves under the rules of each state’s constitution.
Reasons to grant a reprieve include, among others, the possibility of newly discovered evidence, awaiting the result of an appeal, emergency medical reasons, or family emergencies.
In summary, a reprieve is a temporary delay in the implementation of a criminal sentence ordered by the court. It is granted by the executive branch and can be given for various reasons. The examples illustrate how reprieves are commonly used in cases of death penalty sentences, but can also be used for other types of criminal sentences.