What is the Difference Between Clemency and Pardon?
🆚 Go to Comparative Table 🆚Clemency and pardon are two forms of relief for individuals who have been convicted of crimes. They are both acts of mercy that can alleviate some or all consequences of a criminal conviction, but they serve different purposes and have distinct outcomes. Here are the key differences between clemency and pardon:
- Clemency: Clemency is a general term used for the act of reducing the penalties of a crime. It can take the form of a commutation of the sentence, a pardon, or a reprieve. Clemency can be awarded by the President of the United States or by a state, typically through a judge or a Board of Pardons. If clemency is granted, the person's criminal record is not overturned or erased, but their penalties may be reduced.
- Pardon: A pardon is a specific form of clemency that provides relief from some or all consequences of a criminal conviction. Pardons are typically considered for applicants who have successfully completed all court-imposed requirements, such as community supervision, probation, and payment of fines and other costs. Factors that pardon applications should address include rehabilitation, demonstrated positive changes in the applicant's life, and contributions to their community. If a pardon is granted, it may help alleviate some of the collateral consequences of a conviction, such as the loss of civil rights or the inability to find employment.
In summary, while both clemency and pardon are acts of mercy that provide relief for individuals convicted of crimes, clemency is a broader term encompassing various forms of relief, including commutations and reprieves, while a pardon is a specific form of clemency that focuses on providing relief from the consequences of a criminal conviction.
Comparative Table: Clemency vs Pardon
Clemency and pardon are both forms of executive clemency that grant relief to individuals convicted of crimes. However, they differ in their definitions and effects on the convicted person's criminal record. Here is a table comparing the two:
| Feature | Clemency | Pardon |
|---|---|---|
| Definition | Clemency is the act of reducing a penalty for a particular criminal offense without clearing the conviction. It can include the commutation of a sentence, which is a reduction or alteration of a sentence but does not affect the conviction itself. | A pardon is the forgiveness by a government official of a particular criminal offense, either because the individual was wrongfully convicted of the crime or the punishment was unjust. It is a type of post-conviction relief that forgives the remainder of the sentence. |
| Effect on Criminal Record | Clemency does not remove the crime from the criminal record, nor does it overturn convictions or remove them from the public record. In Indiana, an unsuccessful bid for clemency results in a hearing with the Indiana Parole Board, which normally issues a publicly available report with its findings. | A pardon does not remove the crime from the criminal record, nor does it overturn convictions or remove them from the public record. However, it forgives the remainder of the sentence. |
| Executive Officer | At the state level, the executive officer is the governor, and for federal offenses, the executive officer is the President. | At the state level, the executive officer is the governor, and for federal offenses, the executive officer is the President. |
| Application Process | Both clemency and pardon require an application process, which can be complex and require the assistance of an attorney. | Both clemency and pardon require an application process, which can be complex and require the assistance of an attorney. |
In conclusion, while both clemency and pardon are forms of executive clemency, they differ in their definitions and effects on the convicted person's criminal record. Clemency generally refers to the reduction or alteration of a sentence, while a pardon is the forgiveness of a particular criminal offense. Neither clemency nor pardon removes the crime from the criminal record or overturns convictions.
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