Clemency
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Upon receiving a conviction, the service member may request clemency, or leniency, from the Commanding Officer/General. Such a request is not binding to the Commanding Officer/General but constitutes an opportunity for the convicted service member and his or her defense counsel to present mitigating factors or other considerations that might warrant leniency.
Common reasons for a Commanding Officer/General to suspend or defer punishment include marginal victim-impact; overly harsh sentence; family circumstances; mental condition; and the overall military record of the convicted service member.
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What is Clemency?
Clemency is a broad term used to describe various forms of leniency or mercy granted by a governing authority, typically a president or governor, to a person convicted of a crime. The main forms of clemency include:
- Pardons
- Commutations
- Reprieves
- Amnesties
A pardon is a complete forgiveness of the crime, effectively removing the legal consequences of the conviction. A commutation reduces the severity of the punishment, such as shortening a prison sentence. A reprieve is a temporary delay in the execution of a sentence, often granted to allow for further investigation or appeals.
An amnesty is a general pardon extended to a group of individuals, often for political offenses. Clemency is typically granted to correct injustices, show mercy, or for humanitarian reasons, and it plays a crucial role in the justice system as a check on judicial and prosecutorial power.
Is Clemency Different in The Military Justice System?
Clemency operates somewhat differently in the military justice system compared to the civilian justice system. In the military, clemency can be granted by various authorities, including the convening authority, who is typically a senior officer with the power to convene courts-martial. The forms of clemency in the military are similar to those in the civilian system—pardons, commutations, and reprieves—but the processes and authorities involved differ.
In the military justice system, after a court-martial, the convening authority has the power to review the findings and the sentence. This authority can approve, disapprove, commute, or suspend the sentence, either partially or entirely. This clemency review is a unique aspect of military justice and serves as an additional check on the fairness of the court-martial process.
Furthermore, the President of the United States, as Commander-in-Chief, also has the authority to grant clemency to military personnel. This presidential clemency can take the form of pardons or commutations of sentences and is typically exercised for reasons similar to those in the civilian context, such as correcting injustices, humanitarian considerations, or demonstrating mercy.
Overall, while the fundamental concept of clemency remains the same in both military and civilian justice systems, the specific procedures, authorities, and contexts in which clemency is applied can vary significantly.
Contact our military lawyers today to get help. Call our firm at (843) 773-5501 to speak to an attorney today.
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Results Matter. When your career, reputation, and freedom are on the line, you need an experienced law firm in your corner. With more than 75 years of combined legal experience, the attorneys at MJA know how to fight and win. Our results speak for themselves.
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"NOT GUILTY" "NOT GUILTY"
Quantico, Virginia. Marine Corporal (E-4) Acquitted at Court-Martial of Wrongful Drug Use After Positive Urinalysis.
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"NO BASIS"
Joint Base Pearl Harbor-Hickman, Hawaii. Administrative Discharge Board Finds “No Basis” for Alleged Senior Leader Misconduct.
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"NOT GUILTY" Fort Cavazos, Texas
Fort Hood, Texas. Army Private Second Class (E-2) Acquitted of Rape and Sexual Assault Charges After Week-Long Trial.
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"NOT GUILTY" Parris Island, South Carolina
Parris Island, South Carolina. Marine Staff Sergeant (E-6) Acquitted at Court-Martial of Hazing, Blood Striping, and Pinning.
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"NOT GUILTY" "NOT GUILTY"
Kings Bay, Georgia. Navy Master-at-Arms Found Not Guilty of Unholstering Firearm and Pointing it at Another Sailor.
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"NOT GUILTY" "NOT GUILTY"
Spangdahlem Air Base, Germany. Senior Airman (E-4) Accused of Rape and Abusive Sexual Contact Acquitted by Military Judge.