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What is the difference between a commutation of sentence and a pardon? A commutation of sentence and pardon are different forms of executive clemency, according to the U.S. Department of Justice.
A pardon is an executive order granting clemency for a conviction. It may be granted "at any time" after the commission of the crime. [17] As per Justice Department regulations, convicted persons may only apply five or more years after their sentence has been completed. [1]
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 ...
On October 1, 2022, Biden granted clemency to Franqui Flores and Efrain Antonio Campo Flores, two Venezuelans who are nephews of Nicolás Maduro's wife involved in the Narcosobrinos affair in 2015, as part of a prisoner exchange. Among the released American detainees were five oil executives, part of the group known as the Citgo Six. [93]
Blanket clemency is clemency granted to multiple persons and can be in the form of a pardon, shortening of a prison sentence, or a commutation of a sentence, or a reprieve. Most states' governors and the President of the United States have the power to grant clemency; In other states, that power is committed to an appointed agency or board, or ...
In law, a commutation is the substitution of a lesser penalty for that given after a conviction for a crime. The penalty can be lessened in severity, in duration, or both. Unlike most pardons by government and overturning by the court (a full overturning is equal to an acquittal), a commutation does not affect the status of a defendant's underlying criminal convicti
By the end of his second and final term on January 20, 2017, United States President Barack Obama had exercised his constitutional power to grant the executive clemency—that is, "pardon, commutation of sentence, remission of fine or restitution, and reprieve" [1] —to 1,927 individuals convicted of federal crimes.
Bill Clinton was criticized for some of his presidential pardons and acts of executive clemency. [1] Pardoning or commuting sentences is a power granted by the Constitution to sitting U.S. presidents. Scholars describe two different models of the pardons process.