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A respite is a delay in the imposition of sentence but in no way modifies a sentence or addresses questions of due process, guilt or innocence.
The pardon power of the United States Constitution has been broadly interpreted to include a variety of specific powers. Among those powers are: pardons, conditional pardons, commutations of sentence, conditional commutations of sentence, remissions of fines and forfeitures, respites and amnesties. [1]
Historically, presidents have granted most respites for periods of 30 to 90 days and have renewed (extended) such delays when it seemed necessary. [2] The most common public explanations for respites have been to:
While these have been the commonly stated reasons, the Constitution does not limit the circumstances or the length of time involved [3]
According to the Office of the Pardon Attorney (U.S. Department of Justice), presidents have utilized respites to varying degrees although, as is the case with every other form of executive clemency, there has been something like a general decline since 1900. [4] The Pardon Attorney has posted data for respites for some administrations. [5] Most recently, Bill Clinton delayed the execution of Juan Garza in order that an ongoing study of bias in the federal death-penalty system might be completed. [6]
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 President of the Federal Democratic Republic of Ethiopia is the head of state of Ethiopia. The position is largely a ceremonial one, with executive power vested in the Prime Minister. The current president is Sahle-Work Zewde, who took office on 25 October 2018. Presidents are elected by the House of Peoples' Representatives for six years, with a two term limit.
Capital punishment is a legal penalty in the U.S. state of Oklahoma.
Former U.S. President Bill Clinton was criticized for some of his pardons and acts of executive clemency. Pardoning or commuting sentences is a power granted by the U.S. Constitution to sitting U.S. Presidents.
The powers of the president of the United States include those powers explicitly granted by Article II of the United States Constitution to the president of the United States, powers granted by Acts of Congress, implied powers, and also a great deal of soft power that is attached to the presidency.
In law, a commutation is the substitution of a lesser penalty for that given after a conviction for a crime. The penalty can be lessened in severity, in duration, or both. Unlike most pardons by government and overturning by the court, a commutation does not affect the status of a defendant's underlying criminal conviction.
Capital punishment is a legal penalty in the state of Texas, part of the United States.
The Office of the Pardon Attorney, within the United States Department of Justice, in consultation with the Attorney General of the United States or his delegate, assists the President of the United States in the exercise by him of executive clemency as authorized by Article II, Section 2, of the US Constitution. Under the Constitution, the president's clemency power extends only to federal criminal offenses. All requests for executive clemency for federal offenses are directed to the Office of the Pardon Attorney for investigation and review. The pardon attorney prepares the department's recommendation to the president for final disposition of each application.
The Hultman–Chapman murder case was a murder case that gained wide publicity in the Philippines during the early 1990s because Claudio Teehankee Jr., the perpetrator of the crime, was the son of the late former Chief Justice Claudio Teehankee and the brother of former Justice Undersecretary Manuel Teehankee. The case helped sway the public view and lawmakers on crime and restore the death penalty in the Philippines.
The Scooter Libby clemency controversy arose when U.S. President George W. Bush commuted the prison sentence of Scooter Libby, the former Chief of Staff to Bush's vice president, Dick Cheney, on July 2, 2007. It resulted in a hearing, "The Use and Misuse of Presidential Clemency Power for Executive Branch Officials", held July 11, 2007, by the full Committee on the Judiciary of the U.S. House of Representatives. The hearing was intended to "explore the grave questions that arise when the Presidential clemency power is used to erase criminal penalties for high-ranking executive branch employees whose offenses relate to their work for the President", as well as to assess the consequences of the perjury and obstruction of justice of which vice-presidential Chief of Staff Lewis Libby was convicted March 6, 2007.
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.
A presidential proclamation is a statement issued by a US president on an issue of public policy and is a kind of presidential directive.
Ronald Rodgers was the United States Pardon Attorney. He was appointed to the post in April 2008. The main duty of the Pardon Attorney is to receive, review and investigate applications that have been forwarded to his office and then tender his recommendations to the Deputy Assistant Attorney General. He was removed from office on April 22, 2014, following criticism of his handling of Clarence Aaron's petition for clemency.
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.
Clarence Aaron is an American recipient of a presidential commutation, after having been originally given a triple life sentence for helping to coordinate a drug deal. He was released from prison the third week of April 2014. The mishandling of his petition was among the reasons United States Pardon Attorney Ronald Rodgers was removed from office a short time later.
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 Article II, Section 2, Clause 1 of the U.S. Constitution. Under the Constitution, the president's clemency power extends to federal criminal offenses. All requests for executive clemency for federal offenses are directed to the Office of the Pardon Attorney in the U.S. Department of Justice for investigation and review. The pardon does not take effect if the beneficiary of the pardon does not accept it.
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