This is the season for pardons and commutations. Article II, Section 2, Clause 1 of the U.S. Constitution states that, "The president … shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment."
Gregory Korte, writing for USA Today, reported that "President Barack Obama granted 78 pardons and 153 commutations [last] Monday — a single-day record for the use of presidential clemency power." While Obama's may hold the single-day record, he is far behind other presidents when it comes to the number of pardons granted.
A presidential pardon, according to the Expunge Center, "is the reversal of a conviction or sentencing. It can occur at any time in the legal process, during the trial itself all the way into the period of incarceration." A presidential commutation is when a person's prison sentence is decreased, perhaps to time served. A commutation does not overturn the original conviction. The president only has the power to provide clemency for crimes against the United States, not civil or state crimes. Most of Obama's clemency cases are related to federal drug violations.
As of Dec. 26, President Obama has pardoned 148 people and provided 1,176 commutations. He may provide more of each before leaving office. Holding the record for the most pardons and commutations is our only three-term president, Franklin D. Roosevelt, who pardoned and commuted 3,687 people between 1933 and 1945. Only two presidents, James A. Garfield (1881) and William Henry Harrison (1841), did not provide clemency to any citizens because they died shortly after taking office.
Among our modern day presidents, President Lyndon Johnson, who served from 1963 to 1969, provided pardons to the most people (960) and 226 commuted sentences. Next in line is Richard Nixon between 1969 and 1974 who granted 863 pardons and 60 commuted sentences. President Jimmy Carter is next with 534 pardons and 29 commutations. Presidents Bill Clinton (396 pardons) and Ronald Reagan (393 pardons) used their pardon authority equally, both over eight years.
Since Johnson, President George H. W. Bush had the least number of pardons (74) and commutations (3) during his four years in office. His son, President George W. Bush provided 189 pardons and 11 commutations during his eight years in office.
Obama has used pardons less than most of his predecessors, but holds the record for commutations or reducing sentences. Most of his commutations have been granted to people serving time for using drugs that are now legal in many states. There are several organizations encouraging Obama to pardon more people serving time for drug possession since the laws have changed significantly since many of these people were arrested. For many, Obama has not acted fast enough. According to the Office of the Pardon Attorney, there are, as of Nov. 30, "1,937 pardon petitions and 13,042 applications for a commutation of sentence still pending."
The power to pardon within each state varies considerably. In some states, the governor has absolute power to pardon. In other states, the governor may provide a pardon only upon the recommendation of a special board such as a parole board (used in Maryland). In some states, the power to pardon is held by a legislative body of the state (usually the Senate) or upon the recommendation to the governor by a legislative body of the state.
It is important to note that a pardon or commutation does not clear a person's public record of the crime or conviction. Having a person's public record completely cleared about information regarding a conviction is called an expungement. The laws regarding expungement also vary from state to state. In Maryland, a petition for expungement must be filed in court. Specific directions are provided at this site: www.courts.state.md.us/courtforms/joint/ccdccr072br.pdf.
Tom Zirpoli writes from Westminster. His column appears Wednesdays. He is program coordinator of the Human Services Management program at McDaniel College. E-mail him at tzirpoli@mcdaniel.edu.
