executive clemency

• executive clemency: nature and limitations

  • SEC. 19, ART. 7 = except in cases of impeachment, the President may grant reprieves, commutations and pardons, and remit fines and forfeitures after conviction by final judgement
• executive clemency: nature

  • SEC. 19, ART. 7 = the President shall have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress
• executive clemency: limitations

  • in case of impeachment
• executive clemency: limitations

  • SEC. 5, ART 9 = stated by the Constitution e.g., for election offenses, no pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, regulation shall be granted by the President without favorable recommendation by the Commission of Election
• executive clemency: limitations

  • in cases of legislative and civil contempt
• executive clemency: limitations

  • before conviction by final judgement (except amnesty)
• executive clemency: limitations

  • SEC. 5, ART. 9 = without concurrence of a majority of all members of Congress (in case of amnesty)
• reprieve = a temporary relief from or postponement of execution of criminal penalty or sentence or a stay of execution
• commutations = reduction of sentence
• amnesty = a sovereign act of oblivion for past acts, granted by government generally to a class of persons who have been guilty of political offenses and who are subject to trial but have not yet been convicted, and often conditioned upon return to obedience and duty within prescribed time
• pardons = permanent cancellation of sentence
• parole = the suspension of sentence of a convict granted by a Parole Board after serving the minimum term of indeterminate sentence penalty, without granting a pardon, prescribing the terms upon which the sentence shall be suspended
• pardon vs amnesty

  • PARDON = infractions of peace of the state
• pardon vs amnesty

  • PARDON = granted to individuals
• pardon vs amnesty

  • PARDON = exercised solely by the Executive
• pardon vs amnesty

  • PARDON = private act which must be pleaded and proved
• pardon vs amnesty

  • PARDON = extended after final judgement
• pardon vs amnesty

  • AMNESTY = addressed to political offenses
• pardon vs amnesty

  • AMNESTY = to classes of persons
• pardon vs amnesty

  • AMNESTY = requires concurrence of the Congress
• pardon vs amnesty

  • AMNESTY = looks backward and put into oblivion the offense itself
• pardon vs amnesty

  • AMNESTY = may be extended at any stage
• probation = disposition where defendant after conviction and sentence is release subject to conditions imposed by the court and supervision of an officer
• parole = suspension of sentence of a convict granted by a Board after serving the minimum term of indeterminate sentence penalty