The Naval Clemency and Parole Board (NC&PB) is a board established by the United States Department of the Navy to serve as executive agent for the United States Secretary of the Navy to decide questions of clemency and parole for members of the United States Navy and United States Marine Corps who are convicted by a court-martial for a violation of the Uniform Code of Military Justice. It is located at the Washington Navy Yard.
The Navy Clemency and Parole Board was established by SECNAVINST 5815_3J.
NC&PB hearings are non-adversarial. The NC&PB is not the final say, and can ultimately be overridden by the Secretary of the Navy, and the Secretary takes special interest in cases involving an officer or a midshipman or issues of national security. In certain other cases, the NC&PB only makes recommendations to the Secretary, specifically issues where (1) any offense carrying a maximum penalty of 10 years or more; (2) any offense involving a victim under 16 years of age or the offender's spouse; and (3) cases where a release might lead to Congressional or media interest.
The NV&PB is a member of the Secretary of the Navy Council of Review Boards and is overseen by the Assistant Secretary of the Navy (Manpower and Reserve Affairs).
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments including capital punishment could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon.
Jonathan Jay Pollard is a former intelligence analyst for the United States government. In 1987, as part of a plea agreement, Pollard pleaded guilty to spying for and providing top-secret classified information to Israel. He was sentenced to life in prison for violations of the Espionage Act, making him the only American to receive a life sentence for passing classified information to an ally of the U.S.
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction.
The International Military Tribunal for the Far East (IMTFE), also known as the Tokyo Trial or the Tokyo War Crimes Tribunal, was a military trial convened on April 29, 1946 to try leaders of the Empire of Japan for crimes against peace, conventional war crimes, and crimes against humanity leading up to and during the Second World War. It was modeled after the International Military Tribunal (IMT) formed several months earlier in Nuremberg, Germany to prosecute senior officials of Nazi Germany.
The Uniform Code of Military Justice is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power....To make Rules for the Government and Regulation of the land and naval forces".
In the United States, the Victims' Rights Amendment is a provision which has been included in some states' constitutions, proposed for other states, and additionally has been proposed for inclusion in the United States Constitution. Its provisions vary from state to state but are usually somewhat similar. There are likewise competing versions of the proposed federal amendment.
In the English and British tradition, the royal prerogative of mercy is one of the historic royal prerogatives of the British monarch, by which they can grant pardons to convicted persons. The royal prerogative of mercy was originally used to permit the monarch to withdraw, or provide alternatives to death sentences; the alternative of penal transportation to "partes abroade" was used since at least 1617. It is now used to change any sentence or penalty. A royal pardon does not overturn a conviction.
An Application for Waiver of Grounds of Inadmissibility is an application for legal entry to the United States made by an individual who is otherwise inadmissible on one or more grounds. The application is submitted to the consular office, U.S. Citizenship and Immigration Services office or immigration court considering the immigrant visa or adjustment of status application.
In law, rendition is a "surrender" or "handing over" of persons or property, particularly from one jurisdiction to another. For criminal suspects, extradition is the most common type of rendition. Rendition can also be seen as the act of handing over, after the request for extradition has taken place.
The Oklahoma Pardon and Parole Board is the parole board of the state of Oklahoma. The Board was created by an amendment to the Oklahoma Constitution in 1944. The Board has the authority to empower the Governor of Oklahoma to grant pardons, paroles, and commutations to people convicted of offenses against the state of Oklahoma.
In the United States, sentencing law varies by jurisdiction. Since the US Constitution is the supreme law of the land, all sentences in the US must conform to the requirements of the Constitution, which sets basic mandates while leaving the bulk of policy-making up to the states.
The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: "[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb..." The four essential protections included are prohibitions against, for the same offense:
The Georgia State Board of Pardons and Paroles is a five-member panel authorized to grant paroles, pardons, reprieves, remissions, commutations, and to remove civil and political disabilities imposed by law. Created by Constitutional amendment in 1943, it is part of the executive branch of Georgia's government. Members are appointed by the governor to staggered, renewable seven-year terms subject to confirmation by the State Senate.
The New York State Division of Parole was an agency of the government of New York within the New York State Correctional Services from 1930 to 2011. § 259. "1. There shall be in the executive department of state government a state division of parole" responsible for parole, the supervised release of a prisoner before the completion of his/her sentence. In 2011, the agency merged with the Department of Correctional Services to form the New York State Department of Corrections and Community Supervision.
The Assistant Secretary of the Navy is a civilian office in the United States Department of the Navy. The Assistant Secretary of the Navy reports to the Under Secretary of the Navy who in turn reports to the United States Secretary of the Navy.
The Secretary of the Navy Council of Review Boards (CORB) is an organization within the United States Department of the Navy that reviews cases, conducts hearings, and renders decisions on behalf of the United States Secretary of the Navy. It was formerly known as the Naval Council of Personnel Boards and Naval Council of Review Boards.
The Texas Board of Pardons and Paroles (BPP) is a state agency that makes parole and clemency decisions for inmates in Texas prisons. It is headquartered in Austin, Texas.
A federal pardon in the United States is the action of the President of the United States that completely sets aside the punishment for a federal crime. The authority to take such action is granted to the president by the U.S. Constitution. A pardon is one form of the clemency power of the president, the others being commutation of sentence, remission of fine or restitution, and reprieve. A person may decide not to accept a pardon, in which case it does not take effect; according to a Supreme Court majority opinion in Burdick v. United States a pardon "carries an imputation of guilt and acceptance of a confession of it[.]"
United States v. Haymond, 588 U.S. ___ (2019), is a case in which the U.S. Supreme Court struck down
's five-year mandatory minimum prison sentence for certain sex offenses committed by federal supervised releasees as unconstitutional unless the charges are proven to a jury beyond a reasonable doubt. Justices Ginsburg, Sotomayor, and Kagan joined Gorsuch's plurality opinion, while Breyer provided the necessary fifth vote with his narrow concurrence that began by saying he agreed with much of Justice Alito's dissent, which was joined by Justices Roberts, Thomas, and Kavanaugh.