Pardon

:"Clemency" redirects here. For the town, see Clemency, Luxembourg.

Pardons and clemency in the United States

In the United States, the pardon power is an exercise of executive discretion that is granted to the President by the United States Constitution, Art. II, Sec. 2 which states that the President:

Related Topics:
United States - President - United States Constitution

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:shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

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All federal pardon petitions are addressed to the President, and are either granted or denied by him. Typically, applications for pardons are referred for review and non-binding recommendation to the U.S. Pardon Attorney, an official of the Department of Justice. Since 1977, presidents have received about 600 pardon or clemency petitions a year and have granted around ten percent of these, although the percentage of pardons and repieves granted varies from administration to administration (fewer pardons have been granted since World War II than historically has been the case). In order for a pardon to be granted, those who are pardoned usually must admit guilt.

Related Topics:
Department of Justice - 1977 - World War II

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The presidential power of pardons and commutations was controversial from the outset; many Anti-Federalists remembered examples of royal abuses of the pardon power in Europe, and warned that the same would happen in the new republic. The Federalist Papers includes a strong defense of the pardon power. President George Washington granted the first Federal pardons to leaders of the Whiskey Rebellion.

Related Topics:
Anti-Federalist - The Federalist Papers - George Washington - Whiskey Rebellion

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Many pardons have been controversial; critics argue that pardons have been used more often for political expediency than to correct judicial error. Perhaps the most famous U.S. pardon in history was the one granted by President Gerald Ford to former President Richard Nixon on September 8, 1974 for official misconduct which gave rise to the Watergate scandal. Polls showed that the majority of American citizens strongly disapproved of this pardon at the time, and Ford's public-approval ratings tumbled after he pardoned Nixon, and he was narrowly defeated in the presidential campaign two years later. Other controversial uses of the pardon power include Andrew Johnson's sweeping pardons of thousands of former Confederate officials and military personnel after the American Civil War, Jimmy Carter's grant of amnesty to Vietnam-era draft evaders, George H. W. Bush's pardons of six Reagan administration officials accused and/or convicted in connection with the Iran-Contra affair, and Bill Clinton's pardons of convicted FALN terrorists and 140 people on his last day in office.

Related Topics:
Controversial - Gerald Ford - Richard Nixon - September 8 - 1974 - Watergate scandal - Andrew Johnson - American Civil War - Jimmy Carter - George H. W. Bush - Reagan administration - Iran-Contra - Bill Clinton - FALN terrorists and 140 people on his last day in office

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A presidential pardon may be granted at any time after commission of the offense; the pardoned person need not have been convicted or even formally charged with a crime. In the overwhelming majority of cases, however, the Pardon Attorney will only consider petitions from persons who have completed their sentences and, in addition, have demonstrated their ability to lead a responsible and productive life for a significant period after conviction or release from confinement. Federal courts have held that the President may make a pardon or reprieve conditional, and that a person who is granted such a pardon or reprieve cannot refuse it, but must accept and comply with its conditions.

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The pardon power of the President extends only to offenses cognizable under Federal law. However, the governors of most states have the power to grant pardons or reprieves for offenses under state criminal law. In other states, that power is committed to an appointed agency or board, or to a board and the governor in some hybrid arrangement.

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See also: List of people pardoned by a United States president.

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