Presidential Pardons Legal Guidelines

A presidential pardon is a right granted to the President of the United States by the U.S. Constitution to forgive a person for a crime, or to excuse a person convicted of a crime from punishment. The president’s power to pardon is granted by Article II, Section 2, Clause 1 of the Constitution, which provides:  Ã¢â‚¬Å"The President †¦ shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.† Key Takeaways Article II, Section 2, Clause 1 of the Constitution grants the President of the United States the power to pardon any person convicted for or accused of federal crimes, except in cases of impeachment. The president may not pardon persons convicted for or accused of violating state or local laws.   Ã‚  Through the power of â€Å"commutation of sentence,† the president may reduce or completely eliminate the prison sentences being served by persons convicted of federal crimes.While he or she is not required to follow them, recommendations on all applications for presidential pardons must be prepared and submitted to the president by the U.S. Pardon Attorney of the Department of Justice.   Clearly, this power can result in some controversial applications. For example, in 1972 Congress accused President Richard Nixon of obstruction of justice—a federal felony—as part of his role in the infamous Watergate scandal. On September 8, 1974, President Gerald Ford, who had assumed office following Nixon’s resignation, pardoned Nixon for any crimes he may have committed related to Watergate. The number of pardons issued by the presidents has varied widely. Between 1789 and 1797, President George Washington issued 16 pardons. In his three terms—12 years—in office, President Franklin D. Roosevelt issued the most pardons of any president so far—3,687 pardons. Presidents William H. Harrison and James Garfield, both of whom died shortly after taking office, did not grant any pardons. Under the Constitution, the president may pardon only persons convicted or accused of federal crimes and offenses prosecuted by the United States Attorney for the District of Columbia in the name of the United States in the D.C. Superior Court. Crimes that violate state or local laws are not considered crimes against the United States and thus cannot be considered for presidential clemency. Pardons for state-level crimes are typically granted by the state’s governor or a state board of pardon and parole. Can Presidents Pardon Their Relatives? The Constitution places few restrictions on who presidents can pardon, including their relatives or spouses. Historically, the courts have interpreted the Constitution as giving the president virtually unlimited power to issue pardons to individuals or groups. However, presidents can only grant pardons for violations of federal laws. In addition, a presidential pardon only provides immunity from federal prosecution. It does provide protection from civil lawsuits. Clemency: Pardon or Commutation of Sentence â€Å"Clemency† is the general term used to describe the president’s power to grant leniency to persons who have violated federal laws. A â€Å"commutation of sentence† partially or completely reduces a sentence being served. It does not, however, overturn the conviction, imply innocence, or remove any civil liabilities that might be imposed by the circumstances of the conviction. A commutation may apply to prison time or to payments fines or restitution. A commutation does not alter a person’s immigration or citizenship status and does not prevent their deportation or removal from the United States. Likewise, it does not protect a person from extradition requested by other countries. A â€Å"pardon† is a presidential act of forgiving a person for a federal crime and is typically granted only after the convicted person has accepted responsibility for the crime and has demonstrated good conduct for a significant period of time after their conviction or completion of their sentence. Like a commutation, a pardon does not imply innocence. A pardon may also include forgiveness of fines and restitution imposed as part of the conviction. Unlike a commutation, however, a pardon does remove any potential civil responsibility. In some, but not all cases, a pardon eliminates the legal grounds for deportation. Under the Rules Governing Petitions for Executive Clemency, shown below, a person is not allowed to apply for a presidential pardon until at least five years after they have fully served any prison term imposed as part of their sentence. The President and the US Pardons Attorney​ While the Constitution places no limitations on the presidents power to grant or deny pardons, U.S. Pardon Attorney of the Department of Justice prepares a recommendation for the president on each application for presidential clemency, including pardons, commutations of sentences, remissions of fines, and reprieves. The Pardon Attorney is required to review each application according to the following guidelines (although the president is not obliged to follow, or even consider the recommendations of the Pardon Attorney). Rules Governing Petitions for Executive Clemency The rules governing petitions for presidential clemency are contained in Title 28, Chapter 1, Part 1 of the U.S. Code of Federal Regulations as follows: Sec. 1.1 Submission of petition; form to be used; contents of petition. A person seeking executive clemency by pardon, reprieve, commutation of sentence, or remission of fine shall execute a formal petition. The petition shall be addressed to the President of the United States and shall be submitted to the Pardon Attorney, Department of Justice, Washington, DC 20530, except for petitions relating to military offenses. Petitions and other required forms may be obtained from the Pardon Attorney. Petition forms for commutation of sentence also may 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 department that had original jurisdiction over the court-martial trial and conviction of the petitioner. In such a case, a form furnished by the Pardon Attorney may be used but should be modified to meet the needs of the particular case. Each petition for executive clemency should include the informatio n required in the form prescribed by the Attorney General. Sec. 1.2 Eligibility for filing petition for pardon. No petition for pardon should be filed until the expiration of a waiting period of at least five years after the date of the release of the petitioner from confinement or, in case no prison sentence was imposed, until the expiration of a period of at least five years after the date of the conviction of the petitioner. Generally, no petition should be submitted by a person who is on probation, parole, or supervised release. Sec. 1.3 Eligibility for filing petition for commutation of sentence. No petition for commutation of sentence, including remission of fine, should be filed if other forms of judicial or administrative relief are available, except upon a showing of exceptional circumstances. Sec. 1.4 Offenses against the laws of possessions or territories of the United States. Petitions for executive clemency shall relate only to violations of laws of the United States. Petitions relating to violations of laws of the possessions of the United States or territories subject to the jurisdiction of the United [[Page 97]] States should be submitted to the appropriate official or agency of the possession or territory concerned. Sec. 1.5 Disclosure of files. Petitions, reports, memoranda, and communications submitted or furnished in connection with the consideration of a petition for executive clemency generally shall be available only to the officials concerned with the consideration of the petition. However, they may be made available for inspection, in whole or in part, when in the judgment of the Attorney General their disclosure is required by law or the ends of justice. Sec. 1.6 Consideration of petitions; recommendations to the President. (a) Upon receipt of a petition for executive clemency, the Attorney General shall cause such investigation to be made of the matter as he/ she may deem necessary and appropriate, using the services of, or obtaining reports from, appropriate officials and agencies of the Government, including the Federal Bureau of Investigation. (b) The Attorney General shall review each petition and all pertinent information developed by the investigation and shall determine whether the request for clemency is of sufficient merit to warrant favorable action by the President. The Attorney General shall report in writing his or her recommendation to the President, stating whether in his or her judgment the President should grant or deny the petition. Sec. 1.7 Notification of grant of clemency. When a petition for pardon is granted, the petitioner or his or her attorney shall be notified of such action and the warrant of pardon shall be mailed to the petitioner. When commutation of sentence is granted, the petitioner shall be notified of such action and the warrant of commutation shall be sent to the petitioner through the officer in charge of his or her place of confinement, or directly to the petitioner if he/she is on parole, probation, or supervised release. Sec. 1.8 Notification of denial of clemency. (a) Whenever the President notifies the Attorney General that he has denied a request for clemency, the Attorney General shall so advise the petitioner and close the case. (b) Except in cases in which a sentence of death has been imposed, whenever the Attorney General recommends that the President deny a request for clemency and the President does not disapprove or take other action with respect to that adverse recommendation within 30 days after the date of its submission to him, it shall be presumed that the President concurs in that adverse recommendation of the Attorney General, and the Attorney General shall so advise the petitioner and close the case. Sec. 1.9 Delegation of authority. The Attorney General may delegate to any officer of the Department of Justice any of his or her duties or responsibilities under Secs. 1.1 through 1.8. Sec. 1.10 Advisory nature of regulations. The regulations contained in this part are advisory only and for the internal guidance of Department of Justice personnel. They create no enforceable rights in persons applying for executive clemency, nor do they restrict the authority granted to the President under Article II, section 2 of the Constitution.

Evaluating the Effectiveness and Efficiency of Structured...

Agarwal and Tanniru conducted a field experiment to evaluate the effectiveness and efficiency of structured versus unstructured interviews, using both novice and experienced interviewers. The experiment was conducted to compare the efficiency and effectiveness of the cognitive interview with the standard information requirements interview. However, the experimental results did not indicate that structured interviews enhanced recall. This triggered the experiment using the Cognitive Interview. This experiment is to test the effects that the Cognitive Interview has on memory and recall. Two hypotheses are tested in this experiment. The use of a theoretically grounded interview technique will provide a more efficient collection of†¦show more content†¦By random, a reference librarian was interviewed using either technique by an interviewer trained in both. The dependent variables: (1) the number of events elicited per each interview (efficiency), and (2) the degree of completeness of details recalled per event (effectiveness) were examined. Cognitive interview was found to be both more effective and more efficient than standard interviewing techniques in eliciting episodic knowledge from reference librarians. In order for the cognitive interview to be considered an effective interviewing technique, more than one rater must determine that the degree of completeness of details of the events collected under the CI are higher than those collected under the SI. All interviews were conducted in private rooms individually. The interviews were conducted at the institute of each patron. Ten students enrolled in a senior-level expert system class who received training on the SI and the CI during regularly scheduled class time. No one involved knew of the details of the experiment or the types of techniques being tested. 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Good Command for English Free Essays

Now, the world is becoming smaller than before just because of advancement of technology and knowledge. Every person has different ideas, knowledge and strength and wants to share them with other person. There is no accepted and established common language for all other than English. We will write a custom essay sample on Good Command for English or any similar topic only for you Order Now This is medium language between to languages and cultures. In the course of our business or work, any where in the world, there is always possibility to come across with the people of different languages and cultures and we can simplify this situation with the help of English. We can do nothing, without having a good command of English, if we intend to do something good we like, coming out from our home. A good command of English is very necessary for the progression of my carrier in that by and large it is the most spoken language in the globe. I have a vision to connect to as many people as possible and to share issues with people of different levels and capacities. Should i use Kiswahilli or my Ateso language that some people may have not even hard of? I know quite good English but still admire those best English communicators. Friends i tell you what, i have already registered for the Advanced Business English Diploma and will soon be getting my desire fulfilled. It is extremely important to have a good command of English in almost all spheres of one’s working life and otherwise but in your career it gives you more confident in delivering both verbal and written correspondence. How to cite Good Command for English, Essay examples

Climate Change Ecosystem Services

Question: Discuss about the Climate Change for Ecosystem Services. Answer: Introduction: Climate change refers as the long-term changes in the climate of globe. It takes place due to the changes in weather conditions of nations. In other words, it can be said that, climate change occurs due to an increase in the atmospheric temperature of a nation. Along with this, biotic processes, volcanic eruptions, plate tectonics, and variations in solar radiation are the major causes of climate change. Moreover, climate change is affecting the nation Alaska in a negative way. In addition to this, the effects of climate change in Alaska are diverse, considerable, and consistent. The effects contain receding glaciers, melting permafrost, disappearing sea ice, eroding coasts, and rising problems for native people, for instance salmon, caribou, polar bears, and sea otters (Haufler, 2010). In addition to this, it should also be noted down that, the climate change is also making changes in wetlands, lakes, plant composition, ponds, and wildfires that are influencing wildlife, and ecosystem of the nation. It is influencing the human health of Alaskas Native peoples. The health of people is influenced by loss of clean water as well as saltwater intrusion. Along with this, higher temperatures as well as drier conditions are also increasing the dangers of wildfire, dearth, and insect invasion in Alaska (Thomas, Savatgy and Klimovich, 2016). Moreover, climate change is also affecting oceans and coasts of the nation. For case, warming of oceans as well as melting of land-based ice increasing the level of ocean water and this is dangerous for the native of Alaska. Also, individuals and animals are facing new infectious diseases because of habitat changes. In this way, it can be said that, climate change is affecting the environment, people, and economy of the nation in a negative way. On the other hand, there are numerous reasons those are responsible for climate change in Alaska. For case, the major reason behind it is that the wildfires of Alaskan are mounting the discharge of carbon in the environment. The drier conditions of the nation are responsible for these large wildfires in the nation (Philander, 2008). In addition to this, the Greenhouse Effect is also other major cause of climate change in Alaska. It is because of the greenhouse effect plays a significant role to retain the heat within the atmosphere of a nation. The greenhouse gases such as: carbon dioxide (CO2), nitrous oxide (N2O), methane (CH4), etc. are also the major cause of climate change in Alaska. Along with this, carbon dioxide (CO2) is the major greenhouse gas that is considered as the key reason of climate change. Human activities like the flaming of fossil fuels are responsible to release large amounts of CO2 in the atmosphere. As a result, the level of CO2 is increasing on the regular basis and the increasing level of CO2 is responsible for climate change within nation (Zencey, 2012). In this way, it can be said that, the climate change is affecting human lives, wildlife species, animals, ecosystem and environment of Alaska in a negative way. References Haufler,J.B. (2010).Climate Change: Anticipated Effects on Ecosystem Services and Potential Actions by the Alaska Region, U. S. Forest Service. USA: DIANE Publishing. Philander, S.G. (2008).Encyclopedia of Global Warming and Climate Change. USA: SAGE Publications. Thomas, C.S., Savatgy, L. andKlimovich, K. (2016).Alaska Politics and Public Policy: The Dynamics of Beliefs, Institutions, Personalities, and Power. USA: University of Alaska Press. Zencey, M. (2012).Unlikely Liberal: Sarah Palin's Curious Record as Alaska's Governor. USA: Potomac Books, Inc.

A Comparison of Hemingways and Fitzgeralds style of writing Essays

A Comparison of Hemingway?s and Fitzgerald?s style of writing Despite the fact that Ernest Hemingway and F. Scot Fitzgerald were contemporaries of each other their writing styles were very different. For example, Fitzgerald uses very descriptive terminology and language in his writings. In his short story ?The Ice Palace? Fitzgerald begins by writing ?The sunlight dripped over the house like golden paint over an art jar, and the freckling shadows here and there only intensified the rigor of the bath of light? (1). Words such as these could only come from someone who is used to expressive flowery lines. Fitzgerald loves to explore description. The more eloquently and wordy his sentences the more healthy they become. When describing two drunkards walking down the street he writes, ?They were ugly, ill-nourished, devoid of all except the very lowest form of intelligence, and without even that animal exuberance that in itself brings color into life; they were lately vermin-ridden, cold, and hungry in a dirty town of a strange land; they were poor, friendless; tossed as driftwood from their births, they would be tossed as driftwood to their deaths? (48). Nothing is simple for Fitzgerald. He is the creator of a vivid and wonderful world. Hemingway, on the other hand, is the master of short and simple sentences. His writing style is nearly the opposite of Fitzgerald?s. From his short story ?Hills Like White Elephants? one can see his simplistic style. What should we drink the girl asked. She had taken off her hat and put it on the table. ?It?s pretty hot,? the man said. ?Let?s drink beer (1). Hemingway does not go into much detail at all when describing or defining. His sentences are masterfully compact and to the point. The reader does not have to wonder what Hemingway is trying to convey because the thrust of his writing is laid out simply and straightforwardly. I particularly enjoy reading Hemingway for his simplistic style. The long descriptive narratives that Fitzgerald uses sometimes lose me in their detail. Once a Fitzge rald paragraph is read, I must admit there are times when I have to go back and reread the paragraphs before to remember what the story line was. With Hemingway I have no such problems. His stories are much easier to grasp and understand.

The Modern KKK Essays - Holocaust Deniers, KKKK, Free Essays

The Modern KKK Essays - Holocaust Deniers, KKKK, Free Essays The Modern KKK Although the modern Ku Klux Klan, or KKK, is not the same group that terrorized African - Americans in the late 1800s and early 1900s, they still have the same basic goals and ideas. There are many local and regional KKK groups such as the Oregon Knights of the Ku Klux Klan and the New Order Knights of the Ku Klux Klan. The Knights of the Ku Klux Klan is the national and largest organization, but the only one seeking a political agenda. They are the group that claims they are keeping alive the spirit and ideas of the original Klansmen. The Knights of the Ku Klux Klan, or the KKKK, was formed in Louisiana in 1956. They have had many national directors, or Grand Wizards that led the group. The first Grand Wizard of the KKKK was former Louisiana State representative David Duke. Another notable Grand Dragon was Tom Metzger, who now heads a White supremacy group called the White Aryan Resistance. Today, the Grand Dragon of the KKKK is Pastor Thomas Robb. The KKKK claims that they are not racist, but rather they are "racialist." This means that they do not necessarily hate any one particular race based on skin color, but they love the White race and have "White pride." Most of their ideas are centered on this concept. Therefore, the first and foremost thing that the KKKK stands for is the White Race. They say that the White Race is the "irreplaceable hub of our Nation, our Christian faith, and the high levels of Western culture and technology" ("Intro to the Knights of the Ku Klux Klan"). The KKKK believes that the only way to achieve their goals is to have a United States with all White people living in it, and there should be absolutely no integration. Another thing that the KKKK stands for is "America first." This means that they think the interests of the United States should be put before those of any other nation. It is basically a policy of protectionism because the KKKK also does not want any foreign influence or interests in the United States. Another aspect of the "America first" policy is that there should be a foreign policy of military non-intervention ("Intro to the Knights of the Ku Klux Klan"). The KKKK does not want to get involved with anything "non-American." The KKKK's stand on foreign aid and trade relates to their "America first" policy. They believe that all foreign aid should be stopped immediately because while the United States' tax dollars are being given to other countries, Americans themselves are still needy ("The program"). The KKKK believes that the money being spent on foreign aid should be kept within the United States and should be put into things like Social Security and Medicare. As for trade, the KKKK believes that NAFTA and GATT should be done away with because they take jobs away from American workers and will put "millions upon millions" into poverty ("The program"). Christianity is an important part of the KKKK?s ideas and beliefs. In fact, one of the things that the KKKK claims is that the United States was formed as not only a White Nation, but as a Christian nation. They quote James Madison saying this about the founding of the United States on their web page (?The program?): We have staked the future of all our political institutions upon the capacity of mankind for self-government upon the capacity of each and all of us to govern ourselves, to control ourselves, to sustain ourselves according to the Ten Commandments of God. Therefore, the KKKK?s views on abortion and homosexuality reflect those of the Bible. They are against abortion and believe it should be illegal unless the mother?s life is endangered or the woman was raped or a victim of incest. And since the United States is a ?Christian nation? and the Bible is against homosexuality, there should be a national law against it. They also believe church and state should no longer be separated, making prayer in public schools legal. Because the KKKK is so heavily involved in Christianity, they often light a large wooden cross on fire at their rallies. They say that they are not desecrating the cross but

Open System Interconnection (OSI) Essay Example | Topics and Well Written Essays - 1250 words

Open System Interconnection (OSI) - Essay Example The data transport or 'lower layers' of the OSI model handle data transport issues and are implemented in hardware and software. The lowest layer, the physical layer, is responsible for actually placing information on the medium. As a side note, most systems today use a modified version of this model; for example TCP/IP uses a 6-layer model. The OSI model is generic and is not a communication model -it makes no assumptions about programming language bindings, operating system bindings or application and user interface issues. Communications are implemented through protocols which are a formal set of rules and conventions that govern how computers exchange information over a network medium. A protocol implements the functions of one or more of the OSI layers. The table below describes the role of each of the 7 layers in greater detail: Responsible for activating, maintaining and deactivating the physical link between network objects. Network interface cards and interfaces on routers run at this level. Physical layer specifications define characteristics such as voltage levels, timing of voltage changes, physical data rates, maximum transmission distances, and physical connectors. Physical layer implementations can be categorized as either LAN or WAN specifications. When an application on Computer 1 sends dat... Provides error checking, error recovery and flow control. The transport protocols used on the Internet are TCP and UDP. 3 Network Layer Makes the upper layers independent of the data transmission, switching technologies, and topology of the network. Determines which path(s) in the network that data will be routed. This layer is very important to the design and configuration for internetworking. IP and routing protocols operate here. 2 Data Link Layer Provides reliable transfer across the physical links. Establishes the beginning and end of blocks of data (with synchronization when necessary) Reorder frames which are out of sequence [framing]; error detection and correction rate of data transmission [flow control]. It is subdivided into the logical Link Control (LLC) and Media Access Control (MAC) sub layers. Bridges and switches interface here. 1 Physical Layer Responsible for activating, maintaining and deactivating the physical link between network objects. Network interface cards and interfaces on routers run at this level. Physical layer specifications define characteristics such as voltage levels, timing of voltage changes, physical data rates, maximum transmission distances, and physical connectors. Physical layer implementations can be categorized as either LAN or WAN specifications. electrical optical mechanical When an application on Computer 1 sends data to Computer 2 that data passes through each layer of the OSI model on Computer 1 until it gets to the Physical layer. At that point it is transmitted on the physical medium (e.g. cabling) across to the Physical layer on Computer 2. The data then passes up through the Physical, Data, Network, Transport, Session, Presentation and