Excerpts of Federal and State Clemency Clauses

Clemency, pardon, reprieve, and commutation are all related concepts in criminal law. They all describe the government's authority to lessen the severity of a current punishment or grant official forgiveness for a person's criminal history. The process varies significantly across jurisdictions, but it is common for the chief elected official (e.g., a governor, president, tribal chief) to be involved in the process. Historically, clemency has been seen as a check on the judicial branch for the executive branch to be able to review their official acts.

Pardons refers to a complete or partial forgiveness of a person convicted of a crime; importantly, it restores civil rights lost due to conviction such as voting rights. In contrast,  a commutation simply lessens the conviction or punishment, usually as a shorter sentence. A reprieve describes an official, temporary delay of a criminal sentence. A reprieve might be given when a defendant has been sentenced to capital punishment, and a governor delays the execution by granting a reprieve. Pardons, commutation, and reprieves are all forms of clemency, which is the umbrella term.

Below is a small sample of clauses from American constitutions related to the clemency process. As you read through these excerpts, pay attention to the differences across states. Think about why states might implement clemency differently.