A respite is a delay in the imposition of sentence but in no way modifies a sentence or addresses questions of
due process
Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual p ...
, guilt or innocence.
United States
The
pardon
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 ...
power of the
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...
has been broadly interpreted to include a variety of specific powers. Among those powers are:
pardons, conditional pardons,
commutations of sentence, conditional commutations of sentence, remissions of fines and forfeitures, respites and
amnesties.
Historically,
presidents 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 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 (U.S.
Department of Justice),
presidents 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 and lawyer who was the 42nd president of the United States from 1993 to 2001. A member of the Democratic Party (United States), Democratic Party, ...
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
Pardon
Legal terminology
United States federal law
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