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Law for The Poor

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Almost all federal pardon petitions are addressed to the President, who grants or denies<br />

the request. In rare cases, the President will, of his own accord, issue a<br />

pardon. Typically, applications <strong>for</strong> pardons are referred <strong>for</strong> review and non-binding<br />

recommendation by the Office of the Pardon Attorney, an official of the United States<br />

Department of Justice. <strong>The</strong> percentage of pardons and reprieves granted varies from<br />

administration to administration; however, fewer pardons have been granted<br />

since World War II.<br />

State <strong>Law</strong><br />

<strong>The</strong> pardon power of the President extends only to an offense recognizable<br />

under federal law. However, the governors of most of the 50 states have the power to<br />

grant pardons or reprieves <strong>for</strong> offenses under state criminal law. In other states, that<br />

power is committed to an appointed agency or board, or to a board and the governor in<br />

some hybrid arrangement (in some states the agency is merged with that of the parole<br />

board, as in the Oklahoma Pardon and Parole Board).<br />

Nine states in the United States have Boards of Pardons and Paroles that exclusively<br />

grant all state pardons. <strong>The</strong>se states are: Alabama (Board of Pardons and Paroles),<br />

Connecticut (Board of Pardons and Paroles), Georgia (Board of Pardons and Paroles),<br />

Idaho (Commission of Pardons and Paroles), Minnesota (Board of Pardons), Nebraska<br />

(Board of Pardons), Nevada (Board of Pardon Commissioners), South Carolina (Board<br />

of Probation, Parole and Pardon), and Utah (Board of Pardons and Parole).<br />

On at least three occasions, state governors—George Ryan of Illinois in 2003, Toney<br />

Anaya of New Mexico in 1986 and Martin O'Malley of Maryland in 2014—have<br />

commuted all death sentences in their respective states prior to leaving office.<br />

Related Concepts<br />

<strong>The</strong>se terms differ subtly from country to country, but generally:<br />

<br />

Clemency is a general concept of amelioration of penalties, especially by action<br />

of executive officials; the <strong>for</strong>ms it may take include the following:<br />

<br />

Amnesty: A pardon applied to a group of people rather than an individual.<br />

President Jimmy Carter offered amnesty to anyone who had evaded the<br />

draft. Weapon amnesties are often granted so that people can hand in<br />

weapons to the police without any legal questions being asked as to<br />

where they obtained them, why they had them, etc. After a civil war a<br />

mass amnesty may be granted to absolve all participants of guilt and<br />

"move on". Amnesties are typically applied in advance of any prosecution<br />

<strong>for</strong> the crime.<br />

Page 58 of 96

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