WHAT EXACTLY IS CLEMENCY?

And why is it so crucial to our system of justice?

Clemency is a general term for the power of an executive to intervene in the sentencing of a criminal defendant to prevent injustice from occurring.

It is a relief imparted after the justice system has run its course.

Executive clemency exists to afford relief from undue harshness or evident mistake in the operation or enforcement of the criminal law. The administration of justice by the courts is not necessarily always wise or certainly considerate of circumstances which may properly mitigate guilt. To afford remedy it has always been thought essential in popular governments …. to vest in some authority other than the courts power to ameliorate or avoid particular criminal judgments.

Types of clemency include amnesty, pardon, commutation and reprieve.

Amnesty is granted to a group of people who committed political offenses. A pardon may lessen a defendant’s sentence or set it aside altogether. One may be pardoned even before being formally accused or convicted.

While a pardon attempts to restore a person’s reputation, a commutation of sentence is a more limited form of clemency. It does not remove the criminal stigma associated with the crime; it merely substitutes a milder sentence. A reprieve postpones a scheduled execution. Women seeking clemency through the Clemency Project usually requests a commutation of sentence. Alternatively, or in addition, they may request a pardon if circumstances suggest that they were not guilty of criminal homicide, such as is in the interest of Melissa Chapman’s petition.

The ability to gain clemency depends more on the political  climate than on the crime and the applicant’s prison record. The governor has the power to grant a commutation for any sentence except treason. Commutation is the only release from prison for a person with a non-parolable life sentence. If commutation is granted, a life sentence is first commuted to a term of years. Then the prisoner is paroled from that sentence.

One would like to think that Melissa Chapman’s petition for clemency would be approved or denied according to the merits f the case and her prison record. Unfortunately, in Michigan, it is the composition of the Parole board and the occurrence of high profile crimes by recent parolees which ultimately determines whether a petitioner is released. Because the Board may be held politically accountable for the actions of parolees, it may deny parole or clemency to ant controversial candidate. 

Melissa poses no threat to anyone. She is not, and never has been assaultive.  Her prison record while incarcerated has been exemplary and filled with accommodations, certificates, diplomas, awards and more. She has taken the most horrible situation one could imagine and amazingly, come out for the better for it – refusing to allow her situation to pigeon-hole her or dull her mind or spirit.