How Legal Pardons Work In The United States

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By Adriana Noton

To understand the concept of legal pardons, in the United States, or anywhere, one must first understand the definition of pardon. According to Wiki, a legal pardon is "the forgiveness of a crime and the penalty associated with it". However, such pardons can only be granted by the head of State, or at times, a competent church authority.

However, while a pardon may portray a sense of forgiveness, often accepting such a pardon is admission of guilt. As such, often one can never have such crimes removed from record. So, before accepting such a pardon, one may want to accept that one may still never be able to vote or run for public office.

Of course, while one could go through Federal channels to attempt to have Civil Rights restored, one can often do so more quickly through State channels. As such, if running for public office or voting is of great importance, one may want to go through the State court system when requesting such rights be restored.

As to why pardons are granted, often pardons are granted when one has been perceived to have repaid their debt to society. So, whether through measures of good behavior, proof of innocence or other methods, one can often obtain a commuted sentence, if not a pardon. However, as DNA evidence has now proven several individuals to have been wrongfully convicted, one may see more sentence commutations and pardons in the near future.

In relation to clemency, this is an act of forgiveness and transfer often requested by foreign heads of State and other officials when one of their citizens has been sentenced to death in a foreign country. In addition, as clemency provides for forgiveness, a pardon and the commute of a sentence, it is also one of the more complicated requests to honor in such regard. For, while the country of the individual alleged to have committed such crimes may have different beliefs than those of where such crimes were committed, most individuals believe the country in which such crimes took place should also have a say in such punishment.

A good example of such a pardon is that of Leonard Peltier, who has requested a pardon, year after year, president after president to no avail. Or, that of Nixon who was pardoned after committing severe political crimes while in the White House. So, while legal pardons are available, just as issues with the justice system, such pardons are not always just.

Still, the constitution states that the President is the only person who can grant a Federal pardon. As such, the Supreme Court has also now found that such language includes not only traditional pardons, but temporary ones along with both conditional and full commutations of sentences. In addition, one receiving such a pardon also receives a remission of fees and other amnesties.

As such, all request for Federal pardons are addressed to the President who can either deny or grant such request. Of course, the percentage of pardons during a presidency varies with each change in administration. However, fewer pardons have been granted since World War II than before. As such, while such power to pardon has been controversial at best from the onset, Alexander Hamilton became successful in defending such powers with the first pardon being granted to the Whiskey Rebellion.

For, although the United States Justice Dept. May recommend that individuals requesting a pardon must do so within a certain time frame either after conviction, or before one is to be released, individuals found to have been wrongfully convicted may not have to wait as long. Still, as a presidential pardon can be granted at any time during a sentence, if one has a good enough reason, one may be able to obtain such a pardon. Although, such pardons must generally be requested by prison officials or Heads of State in order to be acknowledged, read and processed.

Therefore, whether individuals receive a legal pardon for political reasons, or obtains an early release, often one must still report the incident on all forms which require such information. However, provided one has good reasons for such a pardon or having a sentence commuted, one may be able to have Civil Rights restored at some point through a Federal or State court. - 20763

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