Executive clemency explained
On July 13, President Obama commuted — or shortened — the sentences of 46 nonviolent drug offenders in federal prisons.
“I believe at its heart, America is a nation of second chances. And I believe these folks deserve their second chance,” the president said in a video message.
So, how can he do that? Executive clemency. It’s one of the most unlimited powers granted to the president in the Constitution. The president is given the ability to pardon or commute sentences for “offenses against the United States,” which means at the federal level.
Commutation won’t wipe the slate clean for someone convicted of a federal felony. It simple reduces the length of the sentence that he or she is currently serving.
A pardon, on the other hand, is presidential forgiveness. It’s generally granted after someone has finished serving time. An offender can apply for a pardon five years after he or she has been released. When people are pardoned, they have their civil rights — such as the right to vote, serve on a jury or own a firearm — restored. This does not mean, however, that their records are erased or expunged.
Petitions for both are sent to the Office of the Pardon Attorney in the Department of Justice. They’re reviewed and then recommendations are sent to the president to make the final call.
Commutations are more rare than pardons. But last year, the Justice Department encouraged inmates to apply for commutations and provided criteria on who might qualify. Prisoners must have been incarcerated for over 10 years, must have been on their best behavior and must be serving a sentence that is longer than what someone would get now for the same crime.
The “tough on crime” policies of the 1980s and 1990s led to harsh, lengthy sentences for nonviolent drug offenders and disproportionally affected minorities. Although sentencing policies and guidelines have changed a bit since then, many people are still serving sentences based on the old policies.
In Obama’s first term, he was stingy with this power, granting only one commutation and 22 pardons. But in his second term, the president made a renewed effort of clemency, making sure that when people commit crimes, they serve appropriate amounts of time. He has now granted 64 pardons and 89 commutations.
This is all part of a broader effort to reform the criminal justice system. Clemency alone isn’t enough, of course. But the issue has become crucial to members on both sides of the aisle.
So the next time Obama deals a “get out of jail early” card, when it comes to executive clemency, at least you can say, “Now I get it.”