The recall of pardon refers to the process of revoking or canceling a pardon that has been granted but not yet accepted. This action is typically carried out by the official or governing body that issued the pardon. A pardon is a legal forgiveness for a crime, and its recall indicates that the individual will not receive the benefits associated with it.
The term "recall of pardon" is primarily used in the context of criminal law. It is relevant when discussing the powers of governors or other authorities who have the discretion to grant pardons. Understanding the recall process is essential for individuals seeking clemency, as it impacts their legal status and rights.
Users may find legal forms helpful for navigating the pardon process, including templates for applying for a pardon or appealing a recall. Resources like US Legal Forms provide access to these documents, which can assist individuals in managing their legal situations effectively.
Here are a couple of examples of abatement:
Example 1: A governor grants a pardon to a person convicted of a non-violent crime. Before the individual accepts the pardon, the governor receives new information about the case and decides to recall the pardon, thereby preventing the individual from benefiting from it.
Example 2: A state board issues a pardon to a former inmate. However, after further review, the board realizes that the individual has committed additional offenses. The board then recalls the pardon prior to its acceptance. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Pardon Recall Process |
|---|---|
| California | The governor has the authority to recall a pardon at any time before acceptance. |
| Texas | Pardons can be recalled by the Board of Pardons and Paroles before the individual accepts it. |
| New York | The Board of Parole can revoke a pardon if new evidence arises before acceptance. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Pardon | A legal forgiveness for a crime, which restores rights lost due to conviction. |
| Commutation | A reduction of a criminal sentence, which does not erase the conviction. |
| Recall of pardon | The revocation of a pardon before it is accepted, preventing the individual from benefiting from it. |
If you are facing a recall of pardon situation, consider the following steps:
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| Attribute | Details |
|---|---|
| Authority | Typically the governor or designated board |
| Process | Revocation must occur before acceptance of the pardon |
| Common Use | Criminal law contexts |
No, once a pardon is accepted, it cannot be recalled.