The courts procedures that involve 'pardoning'?

Answer 1

Unfortunately i dont think there is a 'pardon' in the UK. THe only thing to do would be to appeal against the conviction, but i explained the appeal bits in anotehr of hte questions. (i'd just like to make you aware that i am not a professional lawyer. I realise i have answered your 3 questions, to the best of my own knowledge, but i am still a student, and still have much to learn. I would like to help as best i can, my email is [e-mail] .uk if you wish to talk to me further)

Answer 2

The judicial or court system is not involved in the rules and procedures that govern a "pardon". There are only two ways an individual can receive a full or partial pardon for his crime. If he or she was convicted of a state crime (felony) only the current and acting Governor or the state in which the the person was convicted(the state having jurisdiction). The first step is to apply to the pardon board and place an add in the local newspaper that you are applying for a pardon. The pardon board then notifies the District Attorneys office (called the State Attorney's office in some states) and under the victim's right act, the board must also notify the victim if the crime involved one. In homicide cases the next of kin is notified. The pardon board then has the option of granting or denying the request for a hearing. If the hearing is granted, a date is set and the defendant is pemitted to have one person in addition to his attorney present. He may have one person speak on his behalf, to advocate why he is a good candidate for a pardon; perhaps inform the board of any mitigating circumstances. It is helpful to furnish the board with information such as proof of a stable home and job awaiting his release. The board will ask the defendant severall questions and it appears that they are most interested in is whether or not the defendant shows remorse. Statistically, those who continue to proclaim their innocence are deemed to have still not accepted responsibility for their actions. The Pardon Board frowns on tis and it weighs heavily against release (even for parole).

At the conclusion of the hearing, the board makes a formal recommendation to Governor, which is normally just rubber stamped.

If convicted of a Federal offense, the procedure is muc the same, with the President of the U.S. making the final determination after reviewing Board of Pardons reccomendation.

Both federal and State level pardons are extremely rare during an active term of office. Most pardons are granted when the President or the Governor at the end of their last term. Remember all of President Clinton's controversial pardons?

I live in Louisiana. We ave not had a Gov. pardon anyone (while still in office , not on way out) since Edwards.

It is not uncommon for a long list of pardons to be handed down once the Governor or Pres. elect as been elected and is just waiting to take office.(most are political pardons)

Answer 3

The courts can't "pardon" that's done either by the president of the U.S. or the state's Governer.
The courts DO have a system in place to have one's records expunged, or rights re-instated. It'll vary from state to state. Some have a minimum number of years to wait, and other rules. It'll take hiring a lawyer to petition the court. In Washington, there's a thing called a "certificate of rehabilitation" I'm not sure of ALL the details, but it's almost unheard of getting one.
Sadly, it's almost impossible to get one's rights restored after a felony conviction. The first detail of establishing a reason for restoring them shows the real value our government places on civil rights. Simply wanting your "rights" restored is not considered a good enough reason. It's a bit of hypocrosy on the part of our government that even after one pays their "debt to society" they'll be punished, and pay for the rest of their lives in never being a full citizen. It may be just in the case of a degenerate who's likely to re-offend, but also puts the person who screwed up, or made a single bad choice in the same catagory.

Answer 4

Responses without sources aren't answsers, just opinions.

In the United States, the pardon power is granted to the President by the United States Constitution, Art. II, Sec. 2.

In Canada, pardons are considered by the National Parole Board under the Criminal Records Act, the Criminal Code and several other laws.

In the United Kingdom, the Rehabilitation of Offenders Act 1974 now governs pardons.

Pardons and acts of clemency (grâces) are granted by the President of France, who, ultimately, is the sole judge of the propriety of the measure.

The right to grant pardon in Germany lies in the office of the President (Bundespräsident), but he or she can transfer this power to other persons, such as the chancellor or the minister of justice. Amnesty can be granted only by federal law.

In Italy, President of the Republic can “ ... grant pardons, or commute punishments ...”, art. 87 of the Italian constitution. However, “ ... no acts of the President can came into force unless they are signed also by the Minister they are proposed by ... ”.

Under the Constitution of Ireland Art 13 Sec 6 the President of Ireland can pardon convicted criminals. However this is only after the consent of the Government of Ireland has been granted.

The President of the Russian Federation is granted the right of pardon by Article 89 of the Constitution of the Russian Federation. The Pardon Committee manages lists of people eligible for pardon and directs them to the President for signing.

For details regarding individual US states see:
http://www.cjpf.org/clemency/clemencystates.html

Answer 5

Actually, while it is true that the President can pardon individuals, so too can State Governors for non-federal crimes. Accordingly, if you were convicted of murder, for example, and no federal civil rights charges were brought against you along the way, the Governor of your state could pardon you. On the other hand, if you kidnapped someone and then murdered them, the Governor might be able to pardon you for the murder, but having violated the federal statute on kidnapping you would have to turn to the Presdent for a pardon for that aspect of your crime.

Answer 6

Courts cannot pardon. All pardons are granted, if at all, by the chief executive, the President, in the case of the United States.

Answer 7

Adding to the first answer, it depends on the state.

Some states have pardons and paroles boards that issue pardons. Rules vary by state.

Governors in all states do not have the authority to pardon people.

Answer 8

There is no such thing as a Pardon in the UK. People can receive a Discharge (Conditional or absolute) where the crime and circumstances do not warrant a tougher sentence (example - 92 year old woman who was convicted of benefit fraud as she was given no help filling out benefit forms and has no idea what she was doing despit requesting help - she received and absolute discharge).
If someone appeals their conviction it will either stand or be discharged.
If they appeal their sentence, again it will either stand or be amended to either and more lenient or tougher sentence.
If they are not guilty they will be found Not Guilty.

Answer 9

Pardons are usually given by the governor of your state. But rules and laws are different in each state therefore it depends on that particular state you reside in.

Answer 10

by the look of his photo this man above me looks like hes in the know