NATIONALLY RECOGNIZED FEDERAL LAWYERS
Clemency and Commutation Options in Federal Criminal Cases
|Last Updated on: 29th September 2023, 10:42 am
Clemency and Commutation Options in Federal Criminal Cases
Getting convicted of a federal crime can be scary. The consequences are real, and they last a long time. But there are options for relief, even after someone has been convicted and sentenced. Two big ones are clemency and commutation. This article will explain what these are, how they work, and when someone might be able to get them.
What is Clemency?
Clemency is when a government official uses their power to lighten someone’s punishment or forgive their crime completely. For federal crimes, the President of the United States has the clemency power. They can choose to grant clemency to people convicted of federal crimes, through pardons or commutations.
Clemency does not mean the conviction goes away – it just reduces the punishment. A full pardon from the President would remove the conviction fully. But commutations just shorten the sentence. The conviction stays on someone’s record either way.
Where Does the Clemency Power Come From?
The Constitution gives the president clemency powers. Specifically, Article II, Section 2, Clause 1 says the president “shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.” So for any federal crime, the president can grant clemency, unless it’s a case of impeachment.
Presidents have used this power to issue lots of pardons and commutations over the years. But it became less common in the 1980s and 90s. President Obama brought it back in a big way, granting over 1,700 commutations during his term. This was way more than other recent presidents.
Pardons vs. Commutations
There are two main types of clemency:
- Pardons – A full pardon forgives the crime completely and restores rights like voting and owning guns. It’s like the conviction is wiped from the person’s record.
- Commutations – A commutation shortens a prison sentence but does not restore other rights. The conviction remains.
Pardons provide fuller relief by removing convictions. But commutations are more common because they don’t erase the record of the crime. They just shorten the time the person has to spend in prison.
Recent Examples
In his last day in office, President Trump granted 143 pardons and commutations. Some went to big names like Steve Bannon and Lil Wayne. But others went to regular people convicted of drug crimes with long sentences. For them, even a commutation to shorten their sentence was a big deal.
President Obama also commuted many drug crime sentences. In one case, he commuted a life sentence for a Florida man convicted of selling crack cocaine. After 21 years in prison, the man was released to join his family again.
When Can Clemency Be Granted?
There are no hard rules about when the president has to grant clemency. The Constitution gives them flexibility to use it whenever they want. But there are some common situations where presidents grant pardons or commutations:
- The sentence was too harsh for the crime
- There’s evidence the person was wrongly convicted
- The crime is no longer considered wrong, like old marijuana offenses
- The person has shown major rehabilitation and good conduct in prison
Presidents also tend to grant more pardons and commutations right before they leave office. That’s because they don’t have to worry about political blowback as much. The end of a president’s term is kind of a “pardon season.”
Applying for Clemency
People have to formally apply to be considered for clemency. The Office of the Pardon Attorney at the Department of Justice handles these petitions. They make recommendations about whether the president should grant clemency in each case.
The pardon attorney considers things like:
- How severe the crime was
- If the sentence was fair
- The person’s criminal history
- Their behavior in prison
- How much of their sentence they’ve already served
If the pardon attorney recommends clemency, that doesn’t guarantee the president will grant it. But it helps a lot. Thousands of petitions are submitted each year, but only a fraction end up on the president’s desk.
Using a Lawyer
Navigating the clemency process is complicated, so having a lawyer is extremely helpful. They can put together the strongest petition highlighting the reasons why the person deserves clemency. Nonprofits like Families Against Mandatory Minimums can help people find pro bono lawyers for clemency cases.
During the Obama administration, a group called Clemency Project 2014 connected prisoners with volunteer attorneys. This helped President Obama identify candidates for commutations at the end of his term.
The Importance of Clemency
Clemency is an important tool for fixing problems in the justice system. Judges have to follow mandatory minimum sentences even when they seem unfair. This takes away their discretion. Clemency gives the president flexibility to correct sentences that don’t fit the crime.
It also helps people who were wrongly convicted, or where the law has changed. Our ideas about what should be a crime evolve over time. Clemency allows the president to have mercy on people caught up in outdated laws.
And for people in prison, clemency provides hope. It’s something to work towards, especially for those serving long sentences. Behaving well in prison and staying out of trouble is important for clemency. This gives people incentives to improve themselves so they’ll be ready to rejoin society.
Clemency won’t fix all of America’s criminal justice problems. But it is a powerful tool presidents can use to show mercy in appropriate cases. This gives people a second chance to live freely and contribute to their communities.