Criminal procedure (2023): Post-sentencing: Pardon

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.

Pardons can be granted in many countries when individuals are deemed to have demonstrated that they have "paid their debt to society", or are otherwise considered to be deserving of them. In some jurisdictions of some nations, accepting a pardon may implicitly constitute an admission of guilt; the offer is refused in some cases. Cases of wrongful conviction are in recent times more often dealt with by appeal rather than by pardon; however, a pardon is sometimes offered when innocence is undisputed in order to avoid the costs that are associated with a retrial. Clemency plays a critical role when capital punishment exists in a jurisdiction.

Pardons are sometimes seen as a mechanism for combating corruption, allowing a particular authority to circumvent a flawed judicial process to free someone who is seen as wrongly convicted. Pardons can also be a source of controversy. In extreme cases, some pardons may be seen as acts of corruption by officials in the form of granting effective immunity as political favors.

United States.

U.S. Constitution.

In the United States, the pardon power for offenses against the United States is granted to the President of the United States under Article 2, Section 2 of the United States Constitution which states that the President "shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment". The U.S. Supreme Court has interpreted this language to include the power to grant many different forms of clemency (generally less sweeping than a full pardon), including not only pardons, but also conditional pardons, commutations of sentence, conditional commutations of sentence, remissions of fines, forfeitures and other criminal financial penalties, respites and reprieves, and amnesties.

The pardon power of the President applies only to convictions under federal law. Additionally, the power extends to military court-martial cases as well as convictions in the Superior Court of the District of Columbia.

Almost all pardon petitions are addressed to the President, who grants or denies the request. In some cases, the President will, of their own accord, issue a pardon. Typically, applications for pardons are referred for review and non-binding recommendation by the Office of the Pardon Attorney, an official of the United States Department of Justice.