The power of clemency is one of the most profound (and controversial) aspects of presidential authority. Statistically speaking, there are more petitions for clemency sitting before the current president than ever before, and every election cycle brings new speculation about how – or if – the president will choose to use their powers.
Here are four things the president can do with their clemency powers:
1. Issue a pardon
This is the most well-known form of presidential clemency and can be controversial. Some well-known controversies involving presidential pardons center around Richard Nixon, Patty Hearst and Marc Rich, for example. A presidential pardon completely forgives the individual for their crimes and restores all their civil rights – although it does not erase any convictions from someone’s record.
2. Commute a sentence
Sometimes a president chooses to reduce the severity of someone’s punishment without forgiving them for their underlying crime, and is frequently used to shorten a prison sentence or change a death sentence to life in prison. While commutation doesn’t restore anyone’s civil rights, it is often sought in cases where racial disparities are apparent in the sentencing or the convicted person has made dramatic improvements in their life since their sentence was imposed. When justice seems no longer to be served by the original sentence, commutations can be key.
3. Remit financial penalties
Remission involves the forgiveness of fines, penalties or property forfeitures that were imposed on someone as part of their sentence for a federal crime. It does not affect the conviction itself, any prison sentence or the convicted person’s record. This might be used as a form of equitable relief, for example, when the fines and financial penalties would unfairly harm the convicted person’s innocent family members.
4. Grant a reprieve
A reprieve is only a temporary delay or suspension of someone’s punishment, and it is usually applied in cases where the death penalty was imposed. A reprieve may provide additional time for a defendant or their legal team to mount additional judicial challenges or seek new evidence and can be valuable in cases where there are lingering doubts about someone’s guilt.
Like all appeals to higher authorities, presidential clemency is not easy to obtain – but seeking tailored legal guidance may help.