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A pardon is a
government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government i ...
decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the
crime In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in C ...
, depending on the laws of the jurisdiction. Pardons can be granted in many countries when individuals are deemed to have demonstrated that they have "paid their debt to society", or are otherwise considered to be deserving of them. In some jurisdictions of some nations, accepting a pardon may ''implicitly'' constitute an admission of guilt; the offer is refused in some cases. Cases of wrongful conviction are in recent times more often dealt with by appeal rather than by pardon; however, a pardon is sometimes offered when innocence is undisputed in order to avoid the costs that are associated with a retrial. Clemency plays a critical role when
capital punishment Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
exists in a jurisdiction. Pardons are sometimes seen as a mechanism for combating corruption, allowing a particular authority to circumvent a flawed judicial process to free someone who is seen as wrongly convicted. Pardons can also be a source of controversy. In extreme cases, some pardons may be seen as acts of corruption by officials in the form of granting effective immunity as political favors.


By country


Australia

In Australia, the pardon power is referred to as the royal prerogative of mercy, an executive power that is vested in the
King King is the title given to a male monarch in a variety of contexts. The female equivalent is queen regnant, queen, which title is also given to the queen consort, consort of a king. *In the context of prehistory, antiquity and contempora ...
and may be exercised by the Governor-General. The prerogative of mercy is a broad discretionary power that may be exercised by a state governor who is acting on the advice of the state executive council and the state attorney general. Courts in Australia may also exercise their traditional power to exercise mercy when the circumstances of the defendant or offense warrant relief. In addition to the prerogative of mercy, Australia has passed legislation that creates additional avenues to seek a pardon, exoneration, reduced sentence, or conditional release.


Canada


Pardons

The Parole Board of Canada (PBC) is the federal agency responsible for making pardon decisions under the ''
Criminal Records Act The ''Criminal Records Act'' (the ''Act'') is a piece of Canadian legislation intended to provide for the relief of persons who have been convicted of offences and have subsequently rehabilitated themselves. It became law in 1985. The purpose of ...
'' (CRA). Under the CRA, the PBC can issue, grant, deny, and revoke pardons. In 2012, the
Parliament of Canada The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, ...
passed the '' Safe Streets and Communities Act'', which changed many of elements regarding the criminal justice system. The Act replaced the term "pardon" with "record suspension", and the pardon system was similarly changed. A pardon keeps the police record of a conviction separate and apart from other
criminal record A criminal record, police record, or colloquially RAP sheet (Record of Arrests and Prosecutions) is a record of a person's criminal history. The information included in a criminal record and the existence of a criminal record varies between coun ...
s, and gives law-abiding citizens an opportunity to reintegrate into Canadian society. The
Royal Canadian Mounted Police The Royal Canadian Mounted Police (RCMP; french: Gendarmerie royale du Canada; french: GRC, label=none), commonly known in English as the Mounties (and colloquially in French as ) is the federal and national police service of Canada. As poli ...
removes all information about the conviction for which an individual received the pardon from the Canadian Police Information Centre (CPIC). Federal agencies cannot give out information about the conviction without approval from the Minister of Public Safety Canada. A pardon does not, however, erase the fact that an individual was convicted of a crime. The criminal record is not erased, but it is kept separate and apart from other (non-pardoned) criminal records. A pardon removes disqualifications caused by a criminal conviction, such as the ability to
contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...
with the federal government, or eligibility for
Canadian citizenship Canadian nationality law details the conditions in which a person is a national of Canada. With few exceptions, almost all individuals born in the country are automatically citizens at birth. Foreign nationals may naturalize after living in ...
. If an individual in receipt of a pardon is convicted of a new offence, the information may lead to a reactivation of the criminal record for which the pardon was received in CPIC. A pardon does not guarantee entry or visa privileges to another country. Before travelling to another country, individuals must still contact the authorities of the country in question to find out what the requirements are to enter that country. Processing of pardons by the Parole Board of Canada generally takes six months for a summary offence and twelve months for an indictable offence. If the Parole Board proposes to deny the application, it can take 24 months to process. Individuals can apply for a pardon if they were convicted as an adult of a criminal offense in Canada, or of an offense under a federal act or
regulation Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. ...
of Canada, or if they were convicted of a crime in another country and were transferred to Canada under the '' Transfer of Offenders Act'' or '' International Transfer of Offenders Act''. Non-Canadian citizens are not eligible for a Canadian pardon unless they were convicted of a crime in Canada. To be eligible for a pardon or record suspension, individuals must have completed all of their sentences and a waiting period. Individuals are considered to have completed all of their sentences if they have: * Paid all fines, surcharges,
costs In production, research, retail, and accounting, a cost is the value of money that has been used up to produce something or deliver a service, and hence is not available for use anymore. In business, the cost may be one of acquisition, in whic ...
, restitution and compensation orders * Served all sentences of imprisonment,
conditional sentences Conditional sentences are natural language sentences that express that one thing is contingent on something else, e.g. "If it rains, the picnic will be cancelled." They are so called because the impact of the main clause of the sentence is ''con ...
, including parole or statutory release * Completed their probation order Prior to 2012, following completion of all of their sentences, individuals must have completed a waiting period, as follows: * Three years for summary convictions under the '' Criminal Code'' or other federal act or regulation, except sexual crimes against children * Three years under the '' National Defence Act'', if fined $2,000 or less, detained or imprisoned six months or less, or subjected to various lesser punishments for a service offence * Five years for indictable convictions under the ''Criminal Code'' or other federal act or regulation and summary convictions of sexual crimes against children * Five years for all convictions by a Canadian offender transferred to Canada under the ''Transfer of Offenders Act'' or ''International Transfer of Offenders Act'' * Five years under the '' National Defence Act'', if you were fined more than $2,000, detained or imprisoned more than six months, or dismissed from service * Ten years for indictable convictions for sexual crimes against children and criminals receiving more than two years of imprisonment time for "serious personal injury offence" such as manslaughter or other designated offence under section 752 of the Criminal Code. Effective 13 March 2012, the eligibility criteria and waiting periods changed: * Five years for summary convictions under the '' Criminal Code'' or other federal act or regulation, except sexual crimes against children * Five years under the ''National Defence Act'', if fined $2,000 or less, detained or imprisoned six months or less, or subjected to various lesser punishments for a service offence * Ten years for indictable convictions under the ''Criminal Code'' or other federal act or regulation and summary convictions of sexual crimes against children * Ten years for all convictions by a Canadian offender transferred to Canada under the ''Transfer of Offenders Act'' or ''International Transfer of Offenders Act'' * Ten years under the '' National Defence Act'', if fined more than $2,000, detained or imprisoned more than six months, or dismissed from service * "Not Eligible" for indictable convictions for sexual crimes against children (Schedule 1 Offence under CRA) * "Not Eligible" for criminals with more than three offences prosecuted by indictment, each with a prison sentence of two or more years. Applicants for a record suspension must be able to show that they have completed their sentences in full and provide proof of payment. Individuals can apply for a pardon by filling out the application forms available from the Parole Board and by paying a $631 pardon application fee.


Clemency

In Canada, clemency is granted by the
Governor General of Canada The governor general of Canada (french: gouverneure générale du Canada) is the federal viceregal representative of the . The is head of state of Canada and the 14 other Commonwealth realms, but resides in oldest and most populous realm ...
or the Governor in Council (the federal cabinet) under the royal prerogative of mercy. Applications are also made to the
National Parole Board The Parole Board of Canada (french: Commission des libérations conditionnelles du Canada; formerly known as the National Parole Board) is the Canadian government agency that is responsible for reviewing and issuing parole and criminal pardons i ...
, as in pardons, but clemency may involve the commutation of a sentence, or the remission of all or part of the sentence, a respite from the sentence (for a medical condition or a
relief Relief is a sculptural method in which the sculpted pieces are bonded to a solid background of the same material. The term '' relief'' is from the Latin verb ''relevo'', to raise. To create a sculpture in relief is to give the impression that th ...
from a prohibition e.g., to allow someone to drive who has been prohibited from driving).


Chile

In
Chile Chile, officially the Republic of Chile, is a country in the western part of South America. It is the southernmost country in the world, and the closest to Antarctica, occupying a long and narrow strip of land between the Andes to the eas ...
, the institution of pardon (''indulto'') is regulated in the Criminal Code (article 93, Nº 4º), which deals with the extinction of criminal liability. A pardon "only grants the remission or the commutation of the sentence; it does not remove the condition of having been condemned". The pardon may be either general, when it is granted to all those covered by a specific law passed by qualified quorum in
National Congress ''National Congress'' is a term used in the names of various political parties and legislatures . Political parties *Ethiopia: Oromo National Congress *Guyana: People's National Congress (Guyana) *India: Indian National Congress *Iraq: Iraqi Nati ...
, or particular, when it is granted by Supreme Decree of the President of the Republic. In Chile's presidential regime, the President is the
Head of State A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and ...
; in this capacity, the president has the discretionary power to grant particular pardons and is not obliged to seek opinion or approval from other authorities, although, the granting of pardons is limited by the norms of Law No. 18.050 (1981), and its Regulations (Decree No. 1542 of 1981 on particular pardons), which forbid particular pardons for those convicted of a crime of terrorism.


China

The 1954 Constitution of China made provision for amnesties and pardons, both of which were to be powers of the Standing Committee of the National People's Congress. The amnesty or pardon would then be issued by the President. Chairman
Mao Zedong Mao Zedong pronounced ; also Romanization of Chinese, romanised traditionally as Mao Tse-tung. (26 December 1893 – 9 September 1976), also known as Chairman Mao, was a Chinese communist revolutionary who was the List of national founde ...
&
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
Liu Shaoqi Liu Shaoqi ( ; 24 November 189812 November 1969) was a Chinese revolutionary, politician, and theorist. He was Chairman of the NPC Standing Committee from 1954 to 1959, First Vice Chairman of the Chinese Communist Party from 1956 to 1966 and ...
released the first-time pardon in 1959. The later three constitutions promulgated in 1975, 1978, and 1982 all removed provision amnesty and only kept pardons. In China, pardons are decided by the National Standing Committee of the People's Congress and issued by the President.


Egypt

On September 23, 2015, president
Abdel Fattah el-Sisi Abdel Fattah Saeed Hussein Khalil el-Sisi; (born 19 November 1954) is an Egyptian politician and retired military officer who has served as the sixth and current president of Egypt since 2014. Before retiring as a general in the Egyptian mi ...
issued a pardon freeing 100 activists, including
Al Jazeera Al Jazeera ( ar, الجزيرة, translit-std=DIN, translit=al-jazīrah, , "The Island") is a state-owned Arabic-language international radio and TV broadcaster of Qatar. It is based in Doha and operated by the media conglomerate Al Jazee ...
journalists
Mohamed Fahmy Mohamed Fadel Fahmy ( ar, محمد فاضل فهمي ; born April 27, 1974) is an Egyptian-born Canadian journalist, war correspondent and author. He has worked extensively in the Middle East, North Africa, for CNN, BBC and Al Jazeera Engl ...
and Baher Mohamed.


France

Pardons and acts of clemency (''grâces'') are granted by the
President of France The president of France, officially the president of the French Republic (french: Président de la République française), is the executive head of state of France, and the commander-in-chief of the French Armed Forces. As the presidency i ...
, who, ultimately, is the sole judge of the propriety of the measure. It is a prerogative of the President which is directly inherited from that of the Kings of France. The convicted person sends a request for pardon to the President of the Republic. The
prosecutor A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal tria ...
of the court that pronounced the verdict reports on the case, and the case goes to the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Justi ...
's directorate of criminal affairs and pardons for further consideration. If granted, the
decree A decree is a legal proclamation, usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used ...
of pardon is signed by the President, the
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...
, the Minister of Justice, and possibly other ministers involved in the consideration of the case. It is not published in the '' Journal Officiel''. The decree may spare the applicant from serving the balance of his or her sentence, or commute the sentence to a lesser one. It does not suppress the right for the victim of the crime to obtain compensation for the damages it suffered, and does not erase the condemnation from the
criminal record A criminal record, police record, or colloquially RAP sheet (Record of Arrests and Prosecutions) is a record of a person's criminal history. The information included in a criminal record and the existence of a criminal record varies between coun ...
. When the
death penalty Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
was in force in France, all capital sentences resulted in a presidential review for a possible clemency. Executions were carried out if and only if the President rejected clemency, by signing a document on which it was written: "decides to let justice take its course". The Parliament of France, on occasions, grants amnesty. This is a different concept and procedure from that described above, although the phrase "presidential amnesty" (''amnistie présidentielle'') is sometimes pejoratively applied to some acts of parliament traditionally voted upon after a presidential election, granting amnesty for minor crimes.


Germany

Similar to the United States, the right to grant pardon in
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwee ...
is divided between the federal and the state level. Federal jurisdiction in matters of criminal law is mostly restricted to appeals against decisions of state courts. Only "political" crimes like
treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
or
terrorism Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...
are tried on behalf of the federal government by the highest state courts. Accordingly, the category of persons eligible for a federal pardon is rather narrow. The right to grant a federal pardon lies in the office of the
President of Germany The president of Germany, officially the Federal President of the Federal Republic of Germany (german: link=no, Bundespräsident der Bundesrepublik Deutschland),The official title within Germany is ', with ' being added in international corres ...
, but he or she can transfer this power to other persons, such as the chancellor or the minister of justice. In early 2007, there was a widespread public discussion about the granting of pardons in Germany after convicted Red Army Faction terrorist Christian Klar, who was serving six consecutive sentences of life imprisonment, filed a petition for pardon. President Horst Köhler ultimately denied his request. Following a court decision, Klar was released on parole in December 2008. For all other (and therefore the vast majority of) convicts, pardons are in the jurisdiction of the states. In some states it is granted by the respective cabinet, but in most states the state constitution vests the authority in the state prime minister. As on the federal level, the authority may be transferred. Amnesty can be granted only by federal law.


Greece

The
Constitution of Greece The Constitution of Greece ( el, Σύνταγμα της Ελλάδας, Syntagma tis Elladas) was created by the Fifth Revisionary Parliament of the Hellenes in 1974, after the fall of the Greek military junta and the start of the Third Helle ...
grants the power of pardon to the President of the Republic (Art. 47, § 1). He/She can pardon, commute or remit punishment imposed by any court, on the proposal of the Minister of Justice and after receiving the opinion (not the consent necessarily) of the Pardon Committee.


Hong Kong

Prior to the transfer of the sovereignty in 1997, the power of pardon was the royal prerogative of mercy of the
monarch A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority ...
of the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
. This was used and cited the most often in cases of convicts who had been given the
death penalty Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
: from 1965 to 1993 (when the death penalty was formally abolished) death sentences were automatically commuted to life imprisonment under the royal prerogative. Since the transfer, the
Chief Executive of Hong Kong The Chief Executive of the Hong Kong Special Administrative Region is the representative of the Hong Kong Special Administrative Region and head of the Government of Hong Kong. The position was created to replace the office of governor of ...
now exercises the power to grant pardons and commute penalties under section 12 of article 48 Basic Law of Hong Kong. "The Chief Executive of the Hong Kong Special Administrative Region shall exercise the following powers and functions ... to pardon persons convicted of criminal offences or commute their penalties".


India

Under the
Constitution of India The Constitution of India ( IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental ...
(Article 72), the
President of India The president of India ( IAST: ) is the head of state of the Republic of India. The president is the nominal head of the executive, the first citizen of the country, as well as the commander-in-chief of the Indian Armed Forces. Droupadi Murm ...
can grant a pardon or reduce the sentence of a convicted person, particularly in cases involving
capital punishment Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
. A similar and parallel power vests in the governors of each state under Article 161. The Constitution of India vests sovereign power in the president and governors. The governance in the centre and states is carried out in the name of the president and governor respectively. The president is empowered with the power to pardon under Article 72 of the Indian Constitution. Article 72 says that the president shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence. The meaning of these terms is as follows: The pardoning powers of the Indian President are elucidated in Art 72 of the Indian Constitution. There are five different types of pardoning which are mandated by law. # Pardon: completely absolving the person of the crime and letting him go free. The pardoned criminal will be treated like a normal citizen. # Commutation: changing the type of punishment given to the guilty into a less harsh one, for example, a death penalty commuted to a life sentence. # Reprieve: a delay allowed in the execution of a sentence, usually a death sentence, for a guilty person to allow him some time to apply for a Presidential Pardon or any other legal remedy to prove his innocence or allow for successful rehabilitation. # Respite: reducing the quantum or degree of the punishment to a criminal in view of some special circumstances, like pregnancy, mental condition to name a few. # Remission: changing the quantum of the punishment without changing its nature, for example reducing twenty years worth of rigorous imprisonment to ten years. Article 72 reads: Similarly, as per article 161: Governor of a State has the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends. Please note that President can grant pardon to a person awarded death sentence. But a governor of a state does not enjoy this power. The question is whether this power to grant pardon is absolute or this power of pardon shall be exercised by the President on the advice of Council of Ministers. The pardoning power of the president is not absolute. It is governed by the advice of the Council of Ministers. This has not been discussed by the constitution but is the practical truth. Further, the constitution does not provide for any mechanism to question the legality of decisions of President or governors exercising mercy jurisdiction. But the SC in Epuru Sudhakar case has given a small window for judicial review of the pardon powers of President and governors for the purpose of ruling out any arbitrariness. The court has earlier held that court has retained the power of judicial review even on a matter which has been vested by the Constitution solely in the Executive. However, it is important to note that India has a unitary legal system and there is no separate body of state law. All crimes are crimes against the Union of India. Therefore, a convention has developed that the governor's powers are exercised for only minor offenses, while requests for pardons and reprieves for major offenses and offenses committed in the Union Territories are deferred to the President. Both the President and Governor are bound by the advice of their respective Councils of Ministers and hence the exercise of this power is of an executive character. It is therefore subject to
Judicial Review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
as held by the
Supreme Court of India The Supreme Court of India ( IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters ...
in the case of . It was subsequently confirmed by . In the case of , it was held that "clemency is subject to
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
and that it cannot be dispensed as a privilege or act of grace". The court made these observation while quashing the decision of then Governor of Andhra Pradesh Sushil Kumar Shinde in commuting the sentence of a convicted Congress activist.


Iran

In the Islamic Republic of Iran, the Supreme Leader has the power to pardon and offer clemency under Article 110, § 1, §§ 11.


Ireland


Constitutional basis

The Irish constitution states (in Article 13.6) that The power of clemency is nominally exercised by the president. However, the
President of Ireland The president of Ireland ( ga, Uachtarán na hÉireann) is the head of state of Ireland and the supreme commander of the Irish Defence Forces. The president holds office for seven years, and can be elected for a maximum of two terms.Constitu ...
must act "on the advice" of the
Government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government i ...
(cabinet), so in practice the clemency decisions are made by the government of the day and the president has no discretion in the matter. The responsibility can also be delegated to people or bodies other than the president. Amnesty and immunity, on the other hand, are usually dealt with by an Act of the
Oireachtas The Oireachtas (, ), sometimes referred to as Oireachtas Éireann, is the bicameral parliament of Ireland. The Oireachtas consists of: *The President of Ireland *The two houses of the Oireachtas ( ga, Tithe an Oireachtais): ** Dáil Éireann ...
rather than by a general form of pardon or a slate of individual pardons. There are two methods by which a pardon may proceed:


Method I

In the first procedure, aimed at miscarriages of justice, the Minister for Justice may recommend to the Government that they formally advise the President to grant a pardon, and any conditions along with it. 1993 Criminal Procedure Act provides the method by which a person convicted of an offence may apply for a pardon. Under this procedure, the person must: * Have already been convicted. * Have used up their appeals. * Allege a new fact (previously known and believed to be significant, but which he has a reasonable excuse for not having mentioned) or newly discovered fact (including a fact previously known which was not believed to be significant) showing a miscarriage of justice has taken place. Then they can apply in writing to the Minister for Justice for a pardon. The minister may then "make or cause to be made such inquiries as they consider necessary" and may refuse to grant the pardon on his/her own initiative, or if they think the person should be pardoned, bring such argument to cabinet.


Method II

Section six of the act allows a
Minister for Justice A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Justi ...
to seek or receive a pardon request from someone whose case is not a ' miscarriage of justice', but has some other fault, such as an archaic law, a law being misapplied by a rogue judge, a reduction in the harshness of a sentence or a substitution of a sentence, without having to go through the procedure above, gone through appeals, or presented new facts. It also allows the minister to waive the procedure in a case of miscarriage of justice if the specific case warrants it. It may also allow prospective pardons as it allows the minister to pardon someone who has not been convicted yet, which the other procedure requires.


Committee of Inquiry

The government itself may assemble a committee to study the case in more detail on their behalf. This may consist of anyone, and any number, but the chair must be: * A judge or former judge or * A barrister of at least 10 years standing or * A solicitor of at least 10 years standing. This special committee may look to any material it sees fit to make its decision, even if it was not, or would not be, available to a jury or trial judge in a normal court. The government do not have to be bound by the committee recommendations.


Pardons under military law

Under Section 7(5) of the act, the same powers of the Minister for Justice apply to the
Minister for Defence {{unsourced, date=February 2021 A ministry of defence or defense (see spelling differences), also known as a department of defence or defense, is an often-used name for the part of a government responsible for matters of defence, found in states ...
in the case of military officers and enlisted convicted by courts martial.


Compensation

The Minister for Justice or Defence may also, in their absolute discretion, pay compensation, determined by them alone, to any person given a pardon, if this compensation is applied for. If they think the compensation is too low they may challenge for a higher figure in the High Court.


List of people who have received a presidential pardon since 1938

The power is used very infrequently compared to, for example, pardons in the United States. * 1940 – Thomas Quinn, granted by Douglas Hyde * 1943 – Walter Brady, granted by Douglas Hyde * 1992 – Nicky Kelly, granted by Mary Robinson * 1999 – William Geary, granted by Mary McAleese * 2018 –
Maolra Seoighe Maolra Seoighe (English: ''Myles Joyce''), Cappancreha, County Galway, was a man who was wrongfully convicted and hanged on 15 December 1882. He was found guilty of the Maamtrasna Murders and was sentenced to death. The case was heard in Englis ...
, granted by Michael D. Higgins * 2021 – John Twiss, granted by Michael D. Higgins


Israel

In
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
has the power to pardon criminals or commute their sentences. The President's pardon powers are set out in the Basic Laws of Israel. The pardon is given following a recommendation by the Minister of Justice. After the
Kav 300 affair The Bus 300 affair (), also known as Kav 300 affair, was a 1984 incident in which Shin Bet members executed two Palestinian bus hijackers, immediately after the hostage crisis incident ended and they had been captured. After the incident, the Sh ...
, President
Chaim Herzog Aluf, Major-General Chaim Herzog ( he, חיים הרצוג; 17 September 1918 – 17 April 1997) was an Irish-born Israeli politician, general, lawyer and author who served as the List of Presidents of Israel, sixth President of Israel between ...
issued a pardon to four members of the Shin Bet prior to them being indicted. This unusual act was the first of its kind in Israel.


Italy

In
Italy Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical ...
, the President of the Republic may "grant pardons, or commute punishments" according to article 87 of the Italian Constitution. Like other acts of the president, the pardon requires the countersignature of the competent government minister. The Constitutional Court of Italy has ruled that the Minister of Justice is obliged to sign acts of pardon. The pardon may remove the punishment altogether or change its form. Unless the decree of pardon states otherwise, the pardon does not remove any incidental effects of a criminal conviction, such as a mention in a certificate of conduct (174 c.p.) or the loss of civil rights. According to article 79 of the Italian Constitution the Parliament may grant amnesty (article 151 c.p.) and pardon (article 174 c.p.) by law deliberated a majority of two-thirds of the components. The last general pardon, discounting 3 years from sentences, was approved in 2006.


Poland

In
Poland Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populou ...
, the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
is granted the right of pardon by Article 139 of the Constitution of the Republic of Poland. As of October 2008, 7,819 people were pardoned, while 3,046 people's appeals were declined. * Lech Wałęsa ** Approved – 3,454 ** Declined – 384 * Aleksander Kwaśniewski ** Approved – 3,295 (the first term); 795 (the second term); total – 4,090 ** Declined – 993 (the first term); 1,317 (the second term); total – 2,310 * Lech Kaczyński ** Approved – 201 ** Declined – 913 * Bronisław Komorowski ** Approved – 219 ** Declined – 189


Portugal

In Portugal, the Heads of State –
Kings Kings or King's may refer to: *Monarchs: The sovereign heads of states and/or nations, with the male being kings *One of several works known as the "Book of Kings": **The Books of Kings part of the Bible, divided into two parts **The ''Shahnameh'' ...
or Presidents – have always enjoyed the prerogative of grace, being able to grant pardons, commuting or extinguishing sentences in the context of requests for clemency. According to the Portuguese Constitution, the President of the Portuguese Republic has the power to pardon and commute sentences, on the proposal of the Government of the Portuguese Republic. This is the exclusive and discretionary competence of the President and is not subject to any conditions beyond the prior hearing of the Government, generally represented by the Minister of Justice. Requests or proposals for pardons are instructed by the Criminal Execution Court by referral from the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Justi ...
and subsequently submitted to the President for consideration. The pardon is granted by Presidential Decree; if the pardon is denied, the President decides by order. Traditionally pardons are granted during the Christmas period. The pardon can be revoked by the President of the Republic. In 2019 the President granted two pardons. The pardon, as an individual, shall not be confused with amnesty or generic forgiveness, both of a general and abstract nature. Amnesty has retroactive effects, affecting not only the penalty applied but the past criminal act itself, which is forgotten, considered as not practiced (retroactive abolition of crime). Generic forgiveness focuses only on the penalties determined by the sentencing decision and for the future. It is the reserved competence of the Portuguese Parliamnent to approve generic amnesties and pardons.


Russia

The President of the Russian Federation is granted the right of pardon by Article 89 of the Constitution of the Russian Federation. The chain of pardon committees manage lists of people eligible for pardon and directs them to the President for signing. While President
Boris Yeltsin Boris Nikolayevich Yeltsin ( rus, Борис Николаевич Ельцин, p=bɐˈrʲis nʲɪkɐˈla(j)ɪvʲɪtɕ ˈjelʲtsɨn, a=Ru-Boris Nikolayevich Yeltsin.ogg; 1 February 1931 – 23 April 2007) was a Soviet and Russian politician wh ...
frequently used his power of pardon (1998 – 7,000 to 8,000 cases), his successor
Vladimir Putin Vladimir Vladimirovich Putin; (born 7 October 1952) is a Russian politician and former intelligence officer who holds the office of president of Russia. Putin has served continuously as president or prime minister since 1999: as prime min ...
is much more hesitant; he granted five pardons in 2014 and two in 2015. A pardon can be requested at any time, although a one year waiting period is required between requests.Указ Президента РФ от 28 декабря 2001 г. № 1500 «О комиссиях по вопросам помилования на территориях субъектов Российской Федерации»; «Положение о порядке рассмотрения ходатайств о помиловании в Российской Федерации»


Rwanda

The prerogative of mercy is a form of pardon that can be exercised by the
President of Rwanda This article lists the presidents of Rwanda since the creation of the office in 1961 (during the Rwandan Revolution), to the present day. The president of Rwanda is the head of state and head of executive of the Republic of Rwanda. The pres ...
. The prerogative is one of the powers of the president defined by the Constitution of Rwanda, which came into effect in 2003 following a national referendum. According to the Constitution of Rwanda, "The President of the Republic has authority to exercise the prerogative of mercy in accordance with the procedure determined by law and after consulting the Supreme Court on the matter."


Republic of South Africa

Under section 84(2)(j) of the Constitution of the Republic of
South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring coun ...
, 1996 (Act 108 of 1996), the President of the Republic of South Africa is responsible for pardoning or reprieving offenders. This power of the President is only exercised in highly exceptional cases. To pardon a person is to forgive a person for his/her deeds. The pardon process is therefore not available to persons who maintain their innocence and is not an advanced form of appeal procedure. Pardon is only granted for minor offences after a period of ten years has elapsed since the relevant conviction. For many serious offences (for example if the relevant court viewed the offence in such a serious light that direct imprisonment was imposed) pardon will not be granted even if more than ten years have elapsed since the conviction.


Spain

The ''derecho de gracia'' ("right of grace") or ''indulto'' ("pardon") is acknowledged by the
Spanish Constitution of 1978 The Spanish Constitution (Spanish, Asturleonese, and gl, Constitución Española; eu, Espainiako Konstituzioa; ca, Constitució Espanyola; oc, Constitucion espanhòla) is the democratic law that is supreme in the Kingdom of Spain. It was ...
as a privilege of the
King of Spain , coatofarms = File:Coat_of_Arms_of_Spanish_Monarch.svg , coatofarms_article = Coat of arms of the King of Spain , image = Felipe_VI_in_2020_(cropped).jpg , incumbent = Felipe VI , incumbentsince = 19 Ju ...
(article 62.i: "Functions of the King"). Spanish law defines it as a renunciation on the State's part of its own punitive power on behalf of an individual, founded on reasons of equity or public interest. The Constitution subjects royal pardons to the law and forbids general pardons, so they have to be granted individually. Theoretically, a royal pardon can be granted for a general offense or accessory offenses alone; if it is granted for a general offense, the accessory ones it implies are also pardoned, with the exception of punishments involving political rights (i.e., removal of the right to run for a public office as a result of a sentence), which have to be explicitly mentioned in the pardon decree if they are going to be pardoned. The procedure and requirements for the grant of the pardon are given by the Law of 18 June 1870, modified by the Law 1/1988 of 14 January. The application for royal pardon has to be carried out by the convicted person himself, his relatives or any other person in his name. The convicting court will then issue a report of the case, which shall be considered along with the public comments of the Prosecutor and the victims of the crime if there were any. All of this is gathered by the Minister of Justice, who will present the pardon issue to the Cabinet of Ministers. If the Cabinet decides a pardon should be granted, then the Minister of Justice will recommend as such to the King. Pardons are issued by Royal Decree and have to be published in the ("Public Journal"). Pardons are not commonly conceded in Spain but for offenders convicted for minor crimes who are about to complete their sentence and have shown good behaviour and repentance. Dating back to medieval times, several organisations and religious brotherhoods still hold the right of granting pardons as part of some privilege or other granted to them by the King of Spain. The scope of this privilege depends on the royal charter received by the organisation when their right to concede pardons was granted, though it usually holds only for minor offenses in very especial conditions; this right is implicitly acknowledged by the public offices nowadays, though it is not exercised but following the usual procedure for royal pardons. Traditionally, they will propose some petty criminal about to end his sentence for pardon being granted to him, and he/she will be released following the tradition to which the pardon holds, usually during the Holy Week. This type of pardons are distinguished from the usual ones in that they only release the prisoner from jail, halting the sentence, but do not pardon the offense itself.


Sri Lanka

In
Sri Lanka Sri Lanka (, ; si, ශ්‍රී ලංකා, Śrī Laṅkā, translit-std=ISO (); ta, இலங்கை, Ilaṅkai, translit-std=ISO ()), formerly known as Ceylon and officially the Democratic Socialist Republic of Sri Lanka, is an ...
, under the
Sri Lankan Constitution The Constitution of the Democratic Socialist Republic of Sri Lanka ( si, ශ්‍රී ලංකා ආණ්ඩුක්‍රම ව්‍යවස්ථාව, Śrī Laṃkā āndukrama vyavasthāva, ta, இலங்கை அரசிய� ...
the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
can grant a pardon, respite or substitute a less severe form of punishment for any punishment imposed to any offender convicted of any offence in any court within the Republic of Sri Lanka. It is generally referred to as a ''Presidential pardon''.


Switzerland

In
Switzerland ). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
, pardons may be granted by the
Swiss Federal Assembly The Federal Assembly (german: Bundesversammlung, french: Assemblée fédérale, it, Assemblea federale, rm, Assamblea federala), also known as the Swiss parliament (''Parlament'', ''Parlement'', ''Parlamento''), is Switzerland's federal legi ...
for crimes prosecuted by the federal authorities. For crimes under cantonal jurisdiction, cantonal law designates the authority competent to grant pardons (if any). In most cantons, the cantonal parliament may pardon felonies, and the cantonal government may pardon misdemeanors and minor infractions.


Turkey

The president of Turkey is granted the right of pardon under certain circumstances defined in the
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...
, article 104. According to the article, the president can "remit, on grounds of chronic illness, disability, or old age, all or part of the sentences imposed on certain individuals". After the convict's or his or her proxy's application, if the Council of Forensic Medicine determines that the convict suffers from chronic illness, disability, or old age, the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Justi ...
presents the situation to the president, and the president can choose to grant a pardon. Additionally, the parliament of Turkey has the power to announce general amnesty.


United Kingdom

The power to grant pardons and reprieves in the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
is known as the royal prerogative of mercy. It was traditionally in the absolute power of the monarch to pardon an individual for a crime, whether or not he or she had been convicted, and thereby commute any penalty; the power was then delegated both to the judiciary and the sovereign's ministers. Since the creation of legal rights of appeal, the royal prerogative of mercy is no longer exercised by the person of the sovereign, or by the judiciary, but only by the government. In constitutional terms, under the doctrine of the rule of law, the power of ministers to overrule the judiciary by commuting criminal sanctions imposed resolves different and sometimes conflicting public interests. In civil matters, only the legislative branch, and not ministers, have the power to override the judiciary. The Indemnity and Oblivion Act 1660 was a general pardon for everyone who had committed crimes during the
English Civil War The English Civil War (1642–1651) was a series of civil wars and political machinations between Parliamentarians (" Roundheads") and Royalists led by Charles I (" Cavaliers"), mainly over the manner of England's governance and issues of r ...
and Interregnum with some exceptions for regicides and serious crimes. Until the nineteenth century, for many crimes the sentence was mandatory and was formally pronounced in court immediately upon conviction, but judges and ministers were given powers to exercise the royal prerogative of mercy out of court, in order to mitigate the rigour of the law. Before there was any general form of criminal appeal, a judge might grant a pardon either by way of clemency, because he felt in his opinion that the law was unduly harsh (for example, in the case of convictions of minors), that the verdict was dubious, to seek public approval, or it was otherwise in the public interest. Capital sentences imposed by the
assizes The courts of assize, or assizes (), were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes ...
were generally executed when the assize was concluded and as the circuit judge left the town, so there was a limited window of time to apply to a judge or directly to the Crown for a pardon. Especially for assizes that were far away from the then capital and major cities of
London London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...
,
York York is a cathedral city with Roman origins, sited at the confluence of the rivers Ouse and Foss in North Yorkshire, England. It is the historic county town of Yorkshire. The city has many historic buildings and other structures, such as a ...
, Durham,
Edinburgh Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian ...
, or
Dublin Dublin (; , or ) is the capital and largest city of Ireland. On a bay at the mouth of the River Liffey, it is in the province of Leinster, bordered on the south by the Dublin Mountains, a part of the Wicklow Mountains range. At the 2016 ...
, a pardon might well arrive too late. Perhaps as a form of temporary punishment, to give solace, to avoid public disorder, to consult or obtain further evidence, or to maximise the public approval of the King's mercy, judges often did not grant their pardons until their departures; the convict often hoped until his last moments that the sentence of death would not actually be executed, and it was generally popular for a reprieve to arrive at the scaffold at the very moment of the execution. Conditional pardons were granted to many in the 18th century, in return for transportation to British colonies overseas for life in lieu, especially to the
Australian colonies The states and territories are federated administrative divisions in Australia, ruled by regional governments that constitute the second level of governance between the federal government and local governments. States are self-governing po ...
. The first known ''general pardon'' in post-Conquest England was issued during the celebrations at the
coronation A coronation is the act of placement or bestowal of a crown upon a monarch's head. The term also generally refers not only to the physical crowning but to the whole ceremony wherein the act of crowning occurs, along with the presentation of o ...
of
King Edward III Edward III (13 November 1312 – 21 June 1377), also known as Edward of Windsor before his accession, was King of England and Lord of Ireland from January 1327 until his death in 1377. He is noted for his military success and for restoring r ...
in 1327. In 2006, all
British Armed Forces The British Armed Forces, also known as His Majesty's Armed Forces, are the military forces responsible for the defence of the United Kingdom, its Overseas Territories and the Crown Dependencies. They also promote the UK's wider interests, s ...
soldiers who were executed for cowardice during the
First World War World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was List of wars and anthropogenic disasters by death toll, one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, ...
were given a statutory pardon by an Act of Parliament (the Armed Forces Act 2006), following a long-running controversy about the justice of their executions. Today the sovereign only grants pardons upon the advice of his ministers: currently they are the
Lord Chancellor The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. Th ...
, for
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
; the First Minister of Scotland; or the Secretary of State for Northern Ireland. The
Secretary of State for Defence The secretary of state for defence, also referred to as the defence secretary, is a secretary of state in the Government of the United Kingdom, with overall responsibility for the business of the Ministry of Defence. The incumbent is a membe ...
is responsible for military cases. It is the standard policy of the government to only grant pardons to those who are considered "morally" innocent of the offence, as opposed to those who may have been wrongly convicted by a misapplication of the law. Pardons are generally no longer issued prior to a conviction, but only after the conviction. The use of the royal prerogative of mercy is now a rare occurrence, given that the
Criminal Cases Review Commission The Criminal Cases Review Commission (CCRC) is the statutory body responsible for investigating alleged miscarriages of justice in England, Wales, and Northern Ireland. It was established by Section 8 of the Criminal Appeal Act 1995 and ...
and the Scottish Criminal Cases Review Commission are now avenues to statutory remedies against miscarriages of justice. Therefore, the grant of pardons is now very rare occurrence indeed, and the vast majority of acknowledged miscarriages of justice were decided upon by the courts. During the Birmingham Six case, Home Secretary Douglas Hurd stressed that he could only make the decision for a pardon if he was "convinced of
heir Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Offic ...
innocence", which at the time he was not. One recent case was that of two drug smugglers, John Haase and Paul Bennett. They were pardoned in July 1996 from their sentences of imprisonment both of 18 years, having served some ten months, on the advice of Home Secretary Michael Howard. This was intended as a reward for their information given to the authorities, but there were speculations as to the motives of the Home Secretary. In 2008 they were sentenced to imprisonment for 20 and 22 years, respectively, after subsequent discovery that the information they gave was unreliable. In 1980, after the courts had dismissed their appeals, the
Home Secretary The secretary of state for the Home Department, otherwise known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom. The home secretary leads the Home Office, and is responsible for all nationa ...
, William Whitelaw, used the royal prerogative of mercy to free David Cooper and Michael McMahon from their imprisonment, both having been convicted of murder on poor evidence. Under the Act of Settlement 1701, a pardon cannot prevent a person from being impeached by Parliament, but a pardon may commute any penalties imposed for the conviction. In
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
no person may be pardoned for an offence under Section 11 of the Habeas Corpus Act 1679 (unlawfully transporting prisoners out of England and Wales).


United States


U.S. Constitution

In the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
, the pardon power for offenses against the United States is granted to the
President of the United States The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the Federal government of the United States#Executive branch, executive branch of the Federal gove ...
under Article II, Section 2 of the United States Constitution which states that the President "shall have power to grant reprieves and pardons for offenses against the United States, except in cases of
impeachment Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...
". The U.S. Supreme Court has interpreted this language to include the power to grant many different forms of clemency (generally less sweeping than a full pardon), including not only pardons, but also conditional pardons, commutations of sentence, conditional commutations of sentence, remissions of fines, forfeitures and other criminal financial penalties, respites and reprieves, and amnesties. The pardon power of the President applies only to convictions under
federal law Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join in a federation, delegating their individual sovereignty and many ...
. Additionally, the power extends to military court-martial cases as well as convictions in the Superior Court of the District of Columbia. Almost all pardon petitions are addressed to the President, who grants or denies the request. In some cases, the President will, of his own accord, issue a pardon. Typically, applications for pardons are referred for review and non-binding recommendation by the Office of the Pardon Attorney, an official of the United States Department of Justice.


State law

The governors of most U.S. states have the power to grant pardons, reprieves and other forms of clemency 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 (in some states the agency is merged with that of the parole board, as in the
Oklahoma Pardon and Parole Board The Oklahoma Pardon and Parole Board is the parole board of the state of Oklahoma. The Board was created by an amendment to the Oklahoma Constitution in 1944. The Board has the authority to empower the Governor of Oklahoma to grant pardons, parol ...
). Nine states in the United States have boards of pardons and paroles that exclusively grant all state pardons. These states are:
Alabama (We dare defend our rights) , anthem = " Alabama" , image_map = Alabama in United States.svg , seat = Montgomery , LargestCity = Huntsville , LargestCounty = Baldwin County , LargestMetro = Greater Birmingham , area_total_km2 = 135,7 ...
(Board of Pardons and Paroles),
Connecticut Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York (state), New York to the west, and Long Island Sound to the ...
(Board of Pardons and Paroles), Georgia ( Board of Pardons and Paroles),
Idaho Idaho ( ) is a U.S. state, state in the Pacific Northwest region of the Western United States. To the north, it shares a small portion of the Canada–United States border with the province of British Columbia. It borders the states of Monta ...
(Commission of Pardons and Paroles),
Minnesota Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over t ...
( Board of Pardons),
Nebraska Nebraska () is a state in the Midwestern region of the United States. It is bordered by South Dakota to the north; Iowa to the east and Missouri to the southeast, both across the Missouri River; Kansas to the south; Colorado to the sout ...
(Board of Pardons),
Nevada Nevada ( ; ) is a U.S. state, state in the Western United States, Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. N ...
(Board of Pardon Commissioners),
South Carolina )''Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = ...
( Board of Probation, Parole and Pardon), and Utah (Board of Pardons and Parole). On at least four occasions, state governors
Toney Anaya Toney Anaya (born April 29, 1941) is an American politician and attorney who served as the 26th governor of New Mexico from 1983 to 1987. Early life and career Anaya was born on in Moriarty, New Mexico. He earned a Bacheor of Arts degree from ...
of
New Mexico ) , population_demonym = New Mexican ( es, Neomexicano, Neomejicano, Nuevo Mexicano) , seat = Santa Fe, New Mexico, Santa Fe , LargestCity = Albuquerque, New Mexico, Albuquerque , LargestMetro = Albuquerque metropolitan area, Tiguex , Offi ...
in 1986, George Ryan of
Illinois Illinois ( ) is a state in the Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolitan areas include, Peoria and Rock ...
in 2003, Martin O'Malley of
Maryland Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean t ...
in 2014, and Kate Brown of
Oregon Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...
in 2022have commuted all death sentences in their respective states prior to leaving office.


Related concepts

These terms differ subtly from country to country, but generally: * Clemency is a general concept of amelioration of penalties, especially by action of executive officials; the forms it may take include the following: ** Amnesty: A pardon applied to a group of people rather than an individual. President
Jimmy Carter James Earl Carter Jr. (born October 1, 1924) is an American politician who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party (United States), Democratic Party, he previously served as th ...
offered amnesty to anyone who had evaded the draft. Weapon amnesties are often granted so that people can hand in weapons to the police without any legal questions being asked as to where they obtained them, why they had them, etc. After a civil war a mass amnesty may be granted to absolve all participants of guilt and "move on". Amnesties are typically applied in advance of any prosecution for the crime. **
Commutation Commute, commutation or commutative may refer to: * Commuting, the process of travelling between a place of residence and a place of work Mathematics * Commutative property, a property of a mathematical operation whose result is insensitive to th ...
: Substituting the imposed penalty for a crime with a lesser penalty, whilst still remaining guilty of the original crime (e.g., someone who is guilty of murder may have their sentence commuted to life imprisonment rather than death, or the term of imprisonment may be reduced). ** Remission: Complete or partial cancellation of the penalty, whilst still being considered guilty of said crime (i.e., reduced penalty). (This should not be confused with what is known in USA as remission of remand, in which a case is sent back to a lower court from which it was appealed, with instructions as to what further proceedings should be held.) ** Reprieve: Temporary postponement of a punishment, usually so that the accused can mount an appeal (especially if he or she has been sentenced to death). ** Respite: The delay of an ordered sentence, or the act of temporarily imposing a lesser sentence upon the convicted, whilst further investigation, action, or appeals can be conducted. * Expungement: The process by which the record of a criminal conviction is destroyed or sealed from the official repository, thus removing any traces of guilt or conviction. *
Immunity from prosecution Legal immunity, or immunity from prosecution, is a legal status wherein an individual or entity cannot be held liable for a violation of the law, in order to facilitate societal aims that outweigh the value of imposing liability in such cases. Su ...
: A
prosecutor A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal tria ...
may grant immunity, usually to a
witness In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ...
, in exchange for testimony or production of other evidence. The prosecutor (conditionally) agrees not to prosecute a crime that the witness might have committed in exchange for said evidence. For example, a car thief who witnesses a murder might be granted immunity for his crime as an inducement to identify, and perhaps to truthfully testify against the murderer. * Other immunity: Several other types of immunity are available, depending on the status of a person as a member of the government. Some criminals who testify for the prosecution put their life in jeopardy by doing so. To encourage witnesses to testify, the government may offer witness protection. In the United States Federal Witness Protection Program, about "95% of itnesses in the programare ... criminals."Inside the witness protection program
" Gabriel Falcon, CNN, February 16, 2013.
Those who testify for the prosecution may be offered
immunity from prosecution Legal immunity, or immunity from prosecution, is a legal status wherein an individual or entity cannot be held liable for a violation of the law, in order to facilitate societal aims that outweigh the value of imposing liability in such cases. Su ...
for their own crimes.


See also

* Acts of grace (piracy) * Apostolic Pardon * '' Ius strictum'' * Rule of Law * Sacrament of Penance (Reconciliation; Catholic and some other related churches)


References


External links


International Center for Transitional Justice, Criminal Justice page
{{Authority control Clemency Legal terminology Pardons Penology