A respite is a delay in the imposition of sentence but in no way modifies a sentence or addresses questions of
due process, guilt or innocence.
United States
The
pardon power of the
United States Constitution has been broadly interpreted to include a variety of specific powers. Among those powers are:
pardons
A pardon is a government 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, depending on the laws of the j ...
, conditional pardons,
commutations of sentence, conditional commutations of sentence, remissions of fines and forfeitures, respites and
amnesties.
Historically,
presidents
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 ful ...
have granted most respites for periods of 30 to 90 days and have renewed (extended) such delays when it seemed necessary. The most common public explanations for respites have been to:
* delay executions (for a variety of reasons)
* allow additional time to study
clemency
A pardon is a government 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, depending on the laws of the j ...
applications
* await the outcome of an appeal
* allow full executive review of a sentence affirmed in the appellate process
While these have been the commonly stated reasons, the Constitution does not limit the circumstances or the length of time involved
According to the
Office of the Pardon Attorney
The Office of the Pardon Attorney assists the president of the United States in his exercise of executive clemency as authorized by Article II, Section 2, of the US Constitution. It is part of the United States Department of Justice and is in co ...
(U.S.
Department of Justice
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
),
presidents
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 ful ...
have utilized respites to varying degrees although, as is the case with every other form of executive clemency, there has been something like a general decline since 1900. The Pardon Attorney has posted data for respites for some administrations.
Most recently,
Bill Clinton
William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
delayed the execution of
Juan Garza in order that an ongoing study of bias in the federal death-penalty system might be completed.
["Media Spotlight Dims as Garza Put to Death," ''Houston Chronicle'', June 20, 2001]
References
External links
"Respite for Libby?" P.S. Ruckman, Jr., ''National Review'', June 14, 2007
Pardon Power Blog"Bush Faces `No-Win' Pressures to Pardon Convicted Cheney Aide" Edwin Chen, ''Bloomberg'', July 2, 2007
Clemency
Legal terminology
United States federal law
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