What is a presidential pardon, sentence commutation? What you should know

President Joe Biden announced Thursday that he is commuting the sentences of nearly 1,500 people under house arrest during the COVID pandemic and pardoning 39 more people convicted of nonviolent crimes, in what the White House described as the largest one-day act of clemency in modern times called history.

The actions come less than two weeks after Biden pardoned his son Hunter for gun and tax crimes, prompting a bipartisan backlash and criticism from criminal justice activists who argued that others more deserving of a pardon do not have the same have family connections.

Biden said in Thursday’s statement that he would “take additional steps in the coming weeks” and continue to consider clemency petitions to “advance equal justice under the law, promote public safety, support rehabilitation and reintegration, and provide meaningful second chances.” “.

Biden said many of the 1,500 people whose sentences he is commuting “would receive lower sentences if charged under today’s laws, policies and practices” and that they “have been successfully reintegrated into their families and communities and have demonstrated that they deserve a second chance.” “

The 39 people who were pardoned “demonstrated their commitment to making their communities stronger and safer,” the president said. Most were convicted of drug-related offenses.

What is a presidential pardon and sentence commutation? Here’s what you should know.

Biden announces commutations and pardons:President Joe Biden commutes nearly 1,500 sentences and pardons 39 people

What is the difference between a commutation and a pardon?

A commutation and a pardon are different forms of executive pardon, according to the U.S. Department of Justice.

According to the U.S. Department of Justice, “executive clemency” is a broad term that refers to the president’s constitutional authority to exercise leniency toward individuals who have committed federal crimes.

Penalty commutation

A sentence commutation “reduces, in whole or in part, the sentence then served, but does not change the fact of conviction, does not imply innocence, nor does it eliminate civil disabilities applicable to the convicted person as a result of the criminal conviction,” says the DOJ.

In addition, a sentence commutation may include the cancellation of any financial obligations imposed as part of a sentence, such as: Such as a fine or restitution, and does not affect an individual’s immigration status or prevent deportation or deportation from the United States

pardon

Pardons can also serve as an “expression of presidential forgiveness,” the DOJ notes. They are often granted “in recognition of the applicant’s acceptance of responsibility for the offense and demonstrated good behavior for a significant period of time after conviction or completion of the sentence.”

While a pardon does not imply innocence, it does remove civil disabilities—such as restrictions on the right to vote, hold state or local office, or serve on a jury—imposed as a result of the conviction for which a pardon is sought, and ” should be mitigated.” the stigma that results from conviction,” the DOJ said.

In certain circumstances, a pardon removes the legal basis for deportation or deportation from the United States, the DOJ notes.

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