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  1. #1
    cheshirecat850 is offline Junior Member
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    Pardon vs clemency

    What is the name of your state? New York

    Is there a difference between clemency and a pardon? Does a person have to admit guilt to be considered for clemency? If someone is given a sentence of 25 years to life when, if at all, are they eligible for parole?
  2. #2
    JETX is offline Senior Member
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    Quote Originally Posted by cheshirecat850 View Post
    Is there a difference between clemency and a pardon?
    With clemency, the sentence is in essence commuted to time served and the conviction remains. With a pardon, the entire circumstance is 'forgotten' as if it never happened.

    executive clemency
    n. the power of a President in federal criminal cases, and the Governor in state convictions, to pardon a person convicted of a crime, commute the sentence (shorten it, often to time already served) or reduce it from death to another lesser sentence. There are many reasons for exercising this power, including real doubts about the guilt of the party, apparent excessive sentence, humanitarian reasons such as illness of an aged inmate, to clear the record of someone who has demonstrated rehabilitation or public service, or because the party is a political or personal friend of the Governor.

    pardon
    1) v. to use the executive power of a Governor or President to forgive a person convicted of a crime, thus removing any remaining penalties or punishments and preventing any new prosecution of the person for the crime for which the pardon was given. A pardon strikes the conviction from the books as if it had never occurred, and the convicted person is treated as innocent.

    Does a person have to admit guilt to be considered for clemency?
    Depends on the person granting the clemency.

    If someone is given a sentence of 25 years to life when, if at all, are they eligible for parole?
    They would be eligible only if granted by the court.... and it is NOT required to be granted at all.

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