Pardon
Pardon also termed clemency was originally a known as the royal prerogative of mercy of the monarch of Great Britain and the British Empire. It was the power of the monarch to release an individual who had been convicted of a crime from that conviction and its intended penalty. A pardon is granted after the sentence is completed, clemency occurs by early release or other relief from punishment. Today pardons and clemency are granted in many countries when individuals may have been wrongly convicted of a crime or have demonstrated that they have fulfilled their debt to society.
Pardons and Clemency in the United States
In the United states it is an exercise of executive discretion that is granted to the President in the United States Constitution, Art. II, Sec. 2 where it states:
- he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.
Applications for pardons are sent to the U.S. Pardon Attorney which is an Office in the Department of Justice. All federal pardon petitions are addressed to the President of the United States and granted by a sitting president. Under US law the governor of each state also has a pardon power for offenses under state criminal law.
To petition for a pardon under U.S. Federal law contact:
Office of the Pardon Attorney U.S. Department of Justice 500 First Street, N.W., Suite 400 Washington, D.C. 20530
tel.: (202) 616-6070 fax: (202) 616-6069
Pardons in Canada
In Canada pardons are considered by the National Parol Board under the Criminal Records Act, the Criminal Code and several other laws. For Criminal Code crimes there is a three year waiting period for minor offences and a five year waiting period for indictable offences. The waiting period commences after the sentence is completed. In canada an application booklet can be obtained from the National Parole Board at 1-800-874-2652. There is a $50 nonrefundable fee for applying for a pardon. The address for a pardon application booklet is:
Clemency and Pardons Division National Parole Board 340 Laurier Avenue West Ottawa, Ontario K1A 0R1
Clemency in Canada
In Canada clemency is granted by the Governor-General of Canada or the Governor in Council (the federal cabinet) under the Royal Prerogative of Mercy. Applications are also made to the National Parole Board, as in pardons, but clemency may involve the commutation of a sentence, or the remission of all or part of the sentence, a respite from the sentence (for a medical condition) or a relief from a prohibition (i.e., to allow someone to drive that has been prohibited from driving).