Presidential Clemency Powers Explained

Summary

The President has the power to grant reprieves, commutations, pardons, and remit fines after a final conviction, but not in cases of impeachment. Amnesty requires majority Congressional approval and is typically for political offenses, while pardons are for individuals and ordinary offenses. Civil liability may still exist despite amnesty or a pardon. Certiorari is a process for higher courts to review lower court decisions, and lacks merit indicates insufficient grounds for review. Discretionary powers allow for judgment-based decisions.

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but not in impeachment>
Case Rating: *.
It sounds like you want to understand the limitations of the President's powers regarding impeachment. Here's a brief explanation:
- The President cannot grant reprieves, commutations, or pardons in cases of impeachment. Impeachment is a separate constitutional process for removing officials from office.
Is there a specific situation related to impeachment or presidential powers that you're curious about?
. Except in cases of impeachment, or as otherwise provided in this Constitution, what are the example in this
It sounds like you want examples of when the President cannot use their powers of reprieves, commutations, pardons, and remitting fines and forfeitures. Here are some examples:
- Impeachment: If a government official is impeached, the President cannot grant a pardon.
- Other Constitutional Provisions: If the Constitution specifies other limitations, those would also restrict the President's powers.
Do you have a specific situation in mind where these limitations might apply?
executive clemency mean
Executive clemency refers to the President's power to grant relief from legal penalties. This includes:
- Reprieves: Temporary delays in punishment.
- Commutations: Reduction of sentences.
- Pardons: Forgiveness of crimes.
- Amnesty: Group pardons, requiring Congressional approval.
Do you have a specific case in Cordillera where you're considering seeking executive clemency?
amnesty means
Amnesty means a pardon granted to a group of people. It is often used in political contexts where the government forgives a group for offenses, usually related to political acts. For amnesty to be granted, the President needs the concurrence of a majority of all the Members of Congress.
Is there a particular situation in Cordillera where you think amnesty might apply?
what is pardon and what will to people pardoned?
A pardon is an act by the President to forgive a person for a crime, effectively removing any remaining penalties or punishments.
What happens to people who are pardoned:
- Their criminal record may be cleared.
- They are released from any remaining prison time.
- They regain civil rights lost due to the conviction.
Do you have a specific situation in Cordillera where a pardon might be relevant?
In cases of civil or legislative contempt what are those
Civil contempt refers to the failure to comply with a court order, often resulting in fines or imprisonment until compliance. Legislative contempt involves actions that obstruct the legislative process or show disrespect to legislative bodies, which can lead to detention or penalties by the legislature.
Is there a specific situation in Cordillera related to contempt that you need more details about?
examples
Sure! Here are examples for civil and legislative contempt:
- Civil Contempt: Failing to pay court-ordered child support.
- Legislative Contempt: Refusing to testify before Congress when subpoenaed.
Do you have a specific incident in Cordillera involving civil or legislative contempt?
amnest is pardon?total acquitted of the offencse?
Amnesty and a pardon are similar but have key differences:
- Pardon: Forgives an individual for a crime, removing penalties and possibly clearing their criminal record.
- Amnesty: A broader pardon given to a group, often for political offenses, and usually signifies total acquittal of the offenses.
Is there a specific case in Cordillera where amnesty might be relevant?
but are tehy still civilily liable?
Amnesty and pardons generally relieve individuals from criminal penalties, but they do not necessarily absolve civil liability. For instance:
- A person pardoned for a crime may still face civil lawsuits related to the same incident.
Is there a specific case in Cordillera where you are concerned about civil liability after amnesty or a pardon?
whate are political offense and ordinaryu offenses
Political offenses are actions against the state, usually involving treason, rebellion, sedition, or espionage. Ordinary offenses are common crimes like theft, murder, or fraud.
Is there a specific incident or case in Cordillera you're dealing with?
AMNESTY PARDON Addressed to POLITICAL offenses Addressed to ORDINARY offenses Granted to a CLASS of persons Granted to INDIVIDUALS Need not be accepted Must be accepted Requires concurrence of majority of all members of Congress No need for Congressional concurrence A public act. Subject to judicial notice Private act of President. It must be proved. Extinguishes the offense itself Only penalties are extinguished. May or may not restore political rights. Absolute pardon restores. Conditional does not. Civil indemnity is not extinguished. May be granted before or after conviction Only granted after conviction by final judgement
You seem to have a good understanding of the differences between amnesty and pardon. Do you have a specific legal issue or situation in Cordillera where you think these concepts might apply?
certiorari
Certiorari is a legal term that refers to a court process where a higher court reviews the decision of a lower court. It's often used in appellate courts to correct legal errors.
Can you provide more details about the specific case or situation in Cordillera where you think certiorari might be applicable?
The petition for certiorari lacks merit. what does lacks merit mean
"Lacks merit" means the petition does not have sufficient legal grounds or evidence to justify a review or reversal of the lower court's decision.
Is there a specific case or issue in Cordillera that involves a certiorari petition you're concerned about?
discretionary means
Discretionary means that the authority or power is left to the judgment or choice of a person or body, often referring to the ability to make decisions based on one's own judgment rather than being bound by strict rules or guidelines.
Is there a particular situation in Cordillera where discretion might be relevant to your case?