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Which factor or characteristic distinguishes a pardon from a commutation? the degree of remediation offered the type of case (civil or criminal) to which it
Which factor or characteristic distinguishes a pardon from a commutation? the degree of remediation offered the type of case (civil or criminal) to which it applies who issues it at what point in a legislative term it is issued?
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Pardon vs Commutation Understanding the Difference A pardon and a commutation are both forms of executive clemency but they serve different purposes and have distinct characteristics Understanding the difference between the two is crucial in the context of legal proceedings and criminal justice Pardon Definition and Characteristics A pardon is an act of forgiveness granted by the government to a person who has been convicted of a crime which exempts the individual from punishment or legal consequences for the crime committed It effectively restores the individuals civil rights and removes the stigma associated with the conviction A pardon does not necessarily overturn the conviction itself but it does offer forgiveness for the offense The power to grant pardons typically rests with the executive branch of government such as the President in the case of federal offenses or the governor in the case of state offenses Pardons are often granted after a person has completed their sentence although they can also be issued at any point after a conviction Commutation Definition and Characteristics Commutation on the other hand involves reducing or lessening a persons punishment for a crime This can take various forms such as reducing a prison sentence to a lesser term or even to time served Unlike a pardon which forgives the offense a commutation mitigates the punishment associated with the conviction Similar to pardons commutations are typically within the purview of the executive branch of government They can be granted by the President for federal offenses or by governors for state offenses Distinguishing Factors The primary factor that distinguishes a pardon from a commutation is their respective effects on an individuals criminal record and legal status A pardon effectively forgives the offense and restores civil rights while a commutation reduces or alters the punishment associated with the conviction without necessarily removing it from an individuals record In summary while both pardons and commutations fall under the umbrella of executive clemency they serve distinct purposes a ...Get Instant Access to Expert-Tailored Solutions
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