Respite (law)
Encyclopedia
The pardon
power of the United States Constitution
has been broadly interpreted to include a variety of specific powers. Among those powers are: pardons, conditional pardons, commutations of sentence, conditional commutations of sentence, remissions of fines and forfeitures, respites and amnesties.
Respites delay the imposition of sentence but in no way modify a sentence or address questions of due process, guilt or innocence. Historically, presidents have granted most respites for periods of 30 to 90 days and have renewed (extended) such delays when it seemed necessary. The most common public explanations for respites have been to:
While these have been the commonly stated reasons, it is important to understand that the Constitution in no way limits the circumstances of their use or the length of time involved
According to the Office of the Pardon Attorney
(U.S. Department of Justice
), presidents have utilized respites to varying degrees although, as is the case with every other form of executive clemency, there has been something like a general decline since 1900.http://www.rvc.cc.il.us/faclink/pruckman/pardoncharts/all_files/image002.gif The Pardon Attorney has posted data for respites for some administrations.
Most recently, Bill Clinton
delayed the execution of Juan Garza
in order that an ongoing study of bias in the federal death-penalty system might be completed.
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
power of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
has been broadly interpreted to include a variety of specific powers. Among those powers are: pardons, conditional pardons, commutations of sentence, conditional commutations of sentence, remissions of fines and forfeitures, respites and amnesties.
Respites delay the imposition of sentence but in no way modify a sentence or address questions of due process, guilt or innocence. Historically, presidents have granted most respites for periods of 30 to 90 days and have renewed (extended) such delays when it seemed necessary. The most common public explanations for respites have been to:
- delay executions (for a variety of reasons)
- allow additional time to study clemency applications
- await the outcome of an appeal
- allow full executive review of a sentence affirmed in the appellate process
While these have been the commonly stated reasons, it is important to understand that the Constitution in no way limits the circumstances of their use or the length of time involved
According to the Office of the Pardon Attorney
Office of the Pardon Attorney
The Office of the Pardon Attorney, in consultation with the Attorney General of the United States or his designee, assists the President of the United States in the exercise of executive clemency as authorized under Article II, Section 2, of the Constitution. Under the Constitution, the President's...
(U.S. Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
), presidents have utilized respites to varying degrees although, as is the case with every other form of executive clemency, there has been something like a general decline since 1900.http://www.rvc.cc.il.us/faclink/pruckman/pardoncharts/all_files/image002.gif The Pardon Attorney has posted data for respites for some administrations.
Most recently, Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
delayed the execution of Juan Garza
Juan Garza
Juan Raul Garza was an American murderer and drug trafficker who was executed for a federal crime.-History:...
in order that an ongoing study of bias in the federal death-penalty system might be completed.
External links
- "Respite for Libby?", P.S. Ruckman, Jr., National Review, June 14, 2007
- Pardon Power Blog
- "Bush Faces `No-Win' Pressures to Pardon Convicted Cheney Aide", Edwin Chen, Bloomberg, July 2, 2007