FEDERAL EXECUTIVE CLEMENCY: 2 types
1. Commutation-incarcerated individuals only— reduces the period of incarceration; reduces fine or restitution only after all appeals are done.
Federal Executions: can be commuted from death to life only after 18 U.S.C. § 2255 (first motion before court to challenge if sentence is constitutional (writ of habeus corpus)
2. Pardon: forgiveness & rights back—vote, public office, sit on jury, prevent removal/deportation, firearms.
What gives the President the right?: Article II, Section 2, clause 1 of the Constitution (the pardon clause).
must show atonement for the offense conduct to receive extraordinary grant of clemency
Everyone has the right—violent people, sexual indecency…the likelihood of being recommended favorably slim to none though for those with egregious offenses.
BUT… Presidents can do what they want as the Constitution allows. Most go through OPA but he/she doesn’t have to listen