How Presidential Commutation and Pardon Procedures Work
President Obama today pardoned dozens of people and commuted more than 200 sentences, including Chelsea Manning . Here are the differences between a presidential pardon and replacement, as well as how the process unfolds.
As Mark Berman of the Washington Post explains, the mitigation and pardon procedure is fairly straightforward . First, people found guilty of crimes apply for clemency through the prosecutor’s office of the Ministry of Justice . These applications are reviewed by the deputy attorney general’s office before they reach the White House, where the president makes the final decision.
When a commutation of a sentence is given, the sentence currently being served is reduced. But a commutation does not mean they are innocent, and it does not override civil disabilities, such as being unable to sit on federal juries or vote. Replacement is usually done when someone is serving a sentence, and the president can commute only federal sentences. Condemnation at the state level is beyond the reach of the president.
On the other hand, the pardon is usually given after someone has already served his sentence. A pardon still does not imply innocence, but allows criminals to vote, sit on juries, and wield firearms. A pardon usually does not invalidate a criminal record, but the person’s records are updated to show that they were later pardoned, which can help a lot when they apply for a job.
Obama has just commuted much of Chelsea Manning’s sentence. How do pardons and commutation of sentences work? | Washington Post