Texas-Book-Gun Law Armed And Educated - Flipbook - Page 387
of Justice can provide petitions and other required forms necessary
to complete the application for clemency. “Petition forms for
commutation of sentence may also be obtained from the wardens
of federal penal institutions. A petitioner applying for executive
clemency with respect to military offenses should submit his or
her petition directly to the Secretary of the military branch that had
original jurisdiction over the court-martial trial and conviction of
the petitioner.” See 28 CFR § 1.1.
The Code of Federal Regulations requires an applicant to wait five
years after the date of the release of the petitioner from confinement,
or in a case where no prison sentence was imposed, an applicant
is required to wait five years after the date of conviction prior to
submitting a petition for clemency. The regulation further states
that “generally, no petition should be submitted by a person who
is on probation, parole, or supervised release.” See 28 CFR §
1.2. With that in mind, the President can grant clemency at any
time, whether an individual has made a formal petition or not. For
example, President Gerald Ford granted a full and unconditional
pardon to former President Richard Nixon prior to any indictment
or charges being filed related to his involvement in Watergate.
2. What should a petition for clemency include?
Petitions for executive clemency should include the following
information:
1) that the person requesting clemency must state specifically the
purpose for which clemency is sought, as well as attach any
and all relevant documentary evidence that will support how
clemency will support that purpose;
2) that discloses any arrests or convictions subsequent to the
federal crime for which clemency is sought;
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