Executive leniency allows a government leader to pardon, commute, or reduce the punishment of a convicted criminal. Pardons are the highest level of clemency and remove the conviction from a criminal record. Commutations and reductions are lower levels of clemency. The power to grant pardons is generally given to the head of government, and reasons for granting clemency vary.
Executive leniency is the power that the chief executive of a government has to pardon, commute the punishment, or reduce the punishment of a convicted criminal. The word clemency means to be merciful, kind, forgiving, lenient, and compassionate. Therefore, when an executive pardon is granted, it is often done as a gesture of mercy and clemency to a convicted criminal.
The power to grant executive pardons is generally granted or vested in the head of the government executive who has jurisdiction over the convicted felon. For example, a criminal convicted of a national crime in a national court would generally receive clemency from the head of state or head of national government such as a president, prime minister or monarch. Similarly, a person convicted of a local crime can typically only receive executive clemency from the chief executive officer of local government, such as a governor.
A pardon is generally considered the highest level of executive clemency. In most cases, a pardon is the complete pardon of a crime and any penalties or punishments that result from being convicted of the crime. In essence, a pardon removes a conviction from an individual’s criminal record and legally it is as if the conviction never occurred. While a pardon can occur at any time, it is generally issued only after an individual has served a full prison sentence and has met certain requirements following the completion of the sentence.
Sentence commutations and sentence reductions are considered lower levels of enforceable leniency because, unlike a pardon, they generally do not result in the expunging of the conviction from an individual’s criminal record. Commutation or reduction of sentence is the replacement of a major sentence or penalty with a minor one. For example, a person who has been sentenced to twenty years’ imprisonment may have his sentence commuted to one year’s imprisonment. In another example, someone who has been sentenced to death may have their sentence reduced to life in prison.
An enforceable pardon can be granted for a variety of reasons. In many cases, the guilt of the convict is in doubt and the Chief Executive can use the power of leniency to “right right a wrong.” In other circumstances, the punishment meted out to the individual may be deemed by the CEO to be too harsh or excessive for the offence. Political, professional, and personal motivations may also play a role in determining who is granted executive clemency.
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