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A pardon is the legal way of receiving forgiveness for a crime and the penalty assigned with it. It is typically granted by a sovereign power such as the President or the governor of a state. In many cases, pardons are associated with clemency, although they are different. Clemency lessens the penalty of a crime without forgiving the crime itself. The act of granting clemency is known as a reprieve.
In some instances, pardons are offered to people who have been wrongfully convicted. When this occurs, the offer is frequently refused. It is refused because it is seen in many cases as an admission of guilt. It is hard to forgive someone who has done nothing wrong. In these cases, individuals generally prefer to go through appeals to have their sentence overturned.
The President of the United States has the power to issue pardons by virtue of the Constitution. In particular, Article II, Section 2 grants the president the power "to grant reprieves and pardons for offenses against the United States, except in cases of impeachment." The Supreme Court has interpreted this as saying that the President also has the power to grant pardons, conditional pardons, commutation of a sentence, a conditional commutation of a sentence, remissions of fines and forfeitures, respites, and amnesties.
Any and all federal pardon petitions are addressed to the president. Once they have made it through the Pardon Attorney's office and to the President's desk, the President has the power either to grant the request or to deny the request.
In many instances, a Presidential pardon may end up being controversial. Some controversial pardons include President Ford's pardon of President Nixon, President Andrew Johnson's sweeping pardons of former Confederate officials and military personnel following the Civil War, President George H.W. Bush's pardons for 6 Reagan administration officials involved with the Iran-Contra affair, and President Clinton's pardons for convicted FALN terrorists and billionaire fugitive Marc Rich.
When seeking a federal pardon, the Department of Justice recommends waiting at least 5 years after a conviction. The office receives roughly 600 pardon petitions each year and roughly 10% are granted. The number varies from administration to administration, but, generally, there have been fewer pardons granted in the administrations after World War 2.
The majority of the time, the Pardon Attorney will only consider petitions from people who have completed their sentences and also demonstrated an ability to lead a responsible, respectable, and productive life. The President's pardon power extends only to Federal law; however, many state governors or special boards can grant pardons under state law.