Why would someone get clemency?
Asked by: Dr. Stephon Crooks DDS | Last update: January 28, 2026Score: 4.5/5 (57 votes)
Someone gets clemency for mercy or to correct injustices, often due to showing rehabilitation, facing disproportionately harsh sentences, possible wrongful conviction, severe illness, aged prisoners, or to address systemic failures like racial bias, allowing an executive to reduce, commute, or pardon sentences for reasons beyond standard judicial review, such as a person's good conduct, unique hardship, or evolving justice standards.
What does it mean if you are granted clemency?
"Granted clemency" means an executive authority (like a President or Governor) has used their power to show mercy and forgive or lessen the penalties of a criminal conviction, often through a pardon (forgiveness), commutation (sentence reduction), or reprieve (temporary postponement). It's an act of leniency that relieves someone from some or all consequences, offering a second chance or relief from harsh punishments, and can restore rights lost due to conviction.
What is the purpose of clemency?
Clemency is a mechanism for granting a person convicted of a criminal offense relief from a court-ordered sentence or punitive measure. There are two main methods through which clemency can be given—pardon or commutation of sentence.
How many did Trump grant clemency?
List of people granted executive clemency in the second Trump presidency. In his role as the 47th president of the United States (January 20, 2025 – present), Donald Trump granted executive clemency to more than 1,600 individuals as of July 23, 2025, all of whom were charged or convicted of federal criminal offenses.
How many people did Obama give clemency to?
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"—to 1,927 individuals convicted of federal crimes.
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Why do presidents give clemency?
The presidential pardon power was inspired by a British law meant to protect the unjustly accused. It was for this reason that Federalist Alexander Hamilton advocated successfully for a presidential pardon power that did not require judicial or Senate approval.
Who qualifies for clemency?
Eligibility Criteria
∎ Commutation Eligibility: Anyone who has been convicted of a crime in California is eligible for a commutation, except for goverment officials who have been impeached (see, California Constitution Article V, Section 8(a)).
What crimes cannot be pardoned?
The President of the United States may pardon anyone who commits a federal offense against the United States. They may also pardon anyone who commits a federal offense against the District of Columbia. The president cannot grant pardons for violations of state laws.
What is better, clemency or a pardon?
Those receiving pardons regain civil rights immediately (like voting) Those with clemency still face restrictions and penalties. Clemency can be a sentence reduction or temporary hold on punishment. A pardon provides complete forgiveness, preventing retrial for the crime.
Do you get out of jail with clemency?
Clemency can take the form of a pardon, which completely absolves an individual of guilt, or a commutation, which reduces the sentence without forgiving the person convicted. Clemency can offer a reduced sentence or immediate release for prisoners.
What are some famous clemency cases?
Notable Grants of Clemency
- President Joe Biden in 2024 (37 out of 40 federal death-row prisoners). ...
- Roy Cooper in North Carolina in 2024 (15 death-sentenced prisoners).
- Kate Brown in Oregon in 2022 (all death-sentenced prisoners).
- Jared Polis in Colorado in 2020 (all death-sentenced prisoners).
Can you refuse clemency?
Trump's pardons were also controversial for at least two people convicted in the riot who refused the clemency offers. Their refusal has precedent, Paul says. In an 1833 case, the Supreme Court ruled that George Wilson could refuse a pardon issued by President Andrew Jackson.
What happens when someone is granted clemency?
A pardon is an act of executive clemency that forgives a criminal offense, removes the legal penalties associated with a conviction, and restores certain civil rights. Gubernatorial staff may create a formal clemency review process within the Governor's office for capital and noncapital cases.
What are the 5 reasons for punishment?
Punishment has five recognized purposes: deterrence, incapacitation, rehabilitation, retribution, and restitution.
What are reasonable grounds for conviction?
Reasonable and probable grounds is the “the point where credibly-based probability replaces suspicion." It is the reasonable belief that "an event not unlikely to occur for reasons that rise above mere suspicion." "Reasonableness" concerns the legitimate expectations in the existence of certain facts.
Are you still guilty if you are pardoned?
A pardon is an expression of the president's forgiveness and ordinarily is granted in recognition of the applicant's acceptance of responsibility for the crime and established good conduct for a significant period of time after conviction or completion of sentence. It does not signify innocence.
How many times can one person be pardoned?
There is no limit on how many, but they can only pardon federal crimes , most non violent possession charges are state level crimes.
Do pardons erase convictions?
A simple pardon is a statement of official forgiveness. While it does not remove the conviction from the record, it often serves as a means for the petitioner to advance in employment, education, and self-esteem.
What is a good reason to ask for a pardon?
it may restore your ability to serve as a juror, it restores your ability to hold public office, it restores your ability to legally possess a firearm, it restores your ability to volunteer in certain settings, and.
How much does a pardon attorney cost?
A pardon lawyer's cost varies significantly, with hourly rates from $100 to over $500/hour and flat fees ranging from $1,000 to $10,000+, depending on lawyer experience, case complexity (state vs. federal), and jurisdiction; some firms offer packages, while others charge for eligibility assessments. Expect higher fees for complex federal cases or those requiring hearings, with potential costs sometimes reaching thousands of dollars.
Why is clemency granted?
Mitigating factors was the most often cited reason, in nearly a third of all cases, closely followed by concerns about comparative culpability or excessive sentence, possible wrongful conviction, and official misconduct or unfair legal practices.
How do I ask the President for clemency?
The petition shall be addressed to the President of the United States and shall be submitted to the Pardon Attorney, Department of Justice, Washington, D.C. 20530, except for petitions relating to military offenses. Petitions and other required forms may be obtained from the Pardon Attorney.
Why did Barack Obama pardon so many people?
President Obama pardoned and commuted many sentences, particularly near the end of his term, to address the harsh, outdated sentencing laws, especially for nonviolent drug offenses, aiming for a fairer, smarter criminal justice system, and to provide second chances to rehabilitated individuals, using clemency as a tool while urging Congress for broader reforms. His actions aimed to correct disparities, reduce prison overcrowding, and encourage states to follow suit with reforms.
Has anyone ever rejected a presidential pardon?
One of the people who served jail time for taking part in the US Capitol riot four years ago has refused a pardon from President Donald Trump, saying: "We were wrong that day."