How Does a Presidential Pardon Work?
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Innocent After You Have Been Proven Guilty
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Our legal system is based on the concept "innocent until proven guilty," but the terminology is a little different when referring to a presidential pardon. Granting a pardon is not a way for the President to make amends for a person being wrongly convicted; a pardon forgives the the person for committing the crime.
A President is allowed to grant a pardon to anyone he deems worthy, without any explanation or justification. The public and other branches of the government are allowed to criticize pardons, but cannot overturn them. The presidential pardoning power can be identified in Article II, Section 2 of the United States Constitution.
In the past, plenty of controversy has surrounding presidential pardons, and there is more in store for the future. In 2008, over 2,300 felons sought a pardon from President Bush; he granted only 14 of them.
What Does a Presidential Pardon Do?
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When a person is convicted of a felony and sent to prison, he is considered civilly disabled. (Having a civil disability means being unable to participate in a legal activity that would normally be yours to fully enjoy had you not been convicted.) When a person is convicted of a felony, he loses the right to vote, the right to bear arms, the right to serve on a jury and the right to hold public office. When a person receives a pardon, his rights are restored. The crime has been forgiven, and any of the penalties associated with the conviction are forgotten.
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Receiving a Pardon
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Pardons are not reserved for famous people or political figures; anyone can apply for a presidential pardon. A great amount of paperwork and politics is involved, but the effort is worth it if the pardon is granted.
A person seeking a presidential pardon needs to assemble documentation that includes his work history, residence, military record (if applicable), detailed criminal history, and the application for restoration of civil rights (if applicable). He needs to state valid and concrete reasons why the pardon should be granted, and must include supporting evidence. The applicant needs character references, and it would benefit him to retain or seek the advice of an attorney who is experienced in the pardon process, to ensure that all of the needed paperwork is included in the application.
Commutation vs. Pardon
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A commutation and a pardon are both acts of clemency. But a commutation is more commonly used to reduce a prison sentence. It can be used to eliminate a sentence, but the civil disabilities may remain. Receiving a pardon restores an individual to the position she formerly held in society before committing the crime.
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- Photo Credit Peary Henson
