South Dakota Application for Executive Clemency

State:
South Dakota
Control #:
SD-SDPA-1
Format:
PDF
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Description

This is a Petition for Executive Clemency. A pardon is the forgiveness of a crime and the penalty associated with it. It is granted by a head of state, such as a monarch or president, or by a competent church authority. Commutation is an associated term, meaning the lessening of the penalty of the crime without forgiving the crime itself. A reprieve is the temporary postponement of punishment. Clemency is a general term encompassing all of these. Today, pardons are granted in many countries when individuals have demonstrated that they have fulfilled their debt to society, or are otherwise deserving (in the opinion of the pardoning official) of a pardon.

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FAQ

Under the Department's rules governing petitions for executive clemency, an applicant must satisfy a minimum waiting period of five years before he becomes eligible to apply for a presidential pardon of his federal conviction. The waiting period begins to run on the date of the petitioner's release from confinement.

Presidential Clemency: Pardons, Commutations, and Reprieves.

A person asking for a commutation of a sentence of a federal crime must fill out a six-page application form. Often this application is also known as a clemency letter. The petitioner must specify what conviction they are seeking a commutation for if they have more than one.

The President has the power to grant executive clemency to convicts. Upon the recommendation of the Board of Pardons and Parole, s/he can grant pardons, commute sentences, or defer the implementation of sentences.

State clearly and succinctly that you are writing to support the person's application for a pardon. You also should indicate that you have knowledge and understanding of the criminal conviction for which the person is seeking a pardon.

In order to request a waiver, you must complete the pardon application form and submit it with a letter explaining why you believe the waiting period should be waived in your case.

As with any letter, you want to make sure that you address the letter properly, with a date, then the address of the president or governor, and then a subject line with something like Letter of your name in Support of His Petition for Commutation of Sentence/Pardon. Greeting. Again, as with any letter, Dear Mr.

You must apply for clemency in the state where you were convicted. If you were convicted in federal court, you must make your application to the President of the United States. Most states give the governor the power of executive clemency. However, a few states give the power of clemency to an executive board.

Introduce yourself. Begin your letter by stating your name and place of residence as well as any other required or relevant information regarding your identity. State clearly and succinctly that you are writing to support the person's application for a pardon.

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South Dakota Application for Executive Clemency