Within the criminal justice system, there is a judicial act called “clemency.” There are three primary forms of clemency: 1) a pardon, 2) a commutation of sentence, or 3) a pardon. Read on to learn what clemency means to a felon and how each type of clemency works.

Clemency is another term for thank you, leniencyPrayed forgiveness. In the criminal justice system, it applies to convicted persons who are serving time in jail or prison. It is an act that can only be performed by an executive member of the government; under state law he would be the governor, and under federal law he would be the president of the United States.

Clemency extends leniency to the convicted inmate by offering opportunities to reduce incarceration. As mentioned in the introduction, there are three forms of judicial clemency, including pardons, commutations of sentences, and pardons.

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A reprieve is offered to certain inmates who qualify to stay the execution of their sentence in order to give them more time to reduce their sentence. This form of clemency is most often seen in capital cases, where an inmate faces the death penalty. By granting a pardon, the inmate has more time to appeal the death sentence.

Commutation of Sentence

A commutation of sentence is a form of clemency that reduces a defendant’s sentence to a lesser sentence or jail time. In most cases, this applies to defendants sentenced to prison. Although this form of clemency reduces or suspends the defendant’s prison time, it does not nullify the actual sentence.

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It’s common to hear about pardons in movies and on TV, but in real life, pardons are incredibly rare and much more formal. In a basic sense, a pardon forgives a person convicted of his or her crimes and penalties. Pardons can only be granted by a head of state or a high-ranking government official. They are usually only awarded when a convicted person has paid their “debt to society” or is otherwise worth pardoning for the crime. Pardons do not nullify the conviction; they simply let the individual go free after having served their sentence and paid the price of committing the crime.

Requirements for leniency

Clemency is often reserved for humanitarian purposes. For example, if an inmate is incredibly old or in need of extensive medical care, clemency may be granted for her crimes. In other examples, clemency may be granted to those whose sentences were excessive or whose guilt was surrounded by doubt. Of course, there are times when clemency is granted as a favor to an executive’s friends or political associates.

Clemency Petitions

Inmates must apply for clemency through an application or petition. Before these petitions are reviewed by a head of government, most states require that the petitions be submitted through a review agency, such as the State Board of Pardons and Paroles. Talk to your trusted criminal defense attorney to help you understand your rights to leniency of sentence.