The power to grant pardons is delegated to the Governor of California by the state’s constitution. The Governor believes that clemency is an essential component of the criminal justice system because it has the potential to encourage accountability and rehabilitation, as well as to boost public safety by removing obstacles that are counterproductive to a successful reintroduction into society. A pardon may also erase other collateral repercussions of a conviction that are unfair, such as deportation or the separation of a family for life.
A pardon does not excuse or lessen the severity of the damage caused by the crime. Instead, these pardons acknowledge the recipients’ self-improvement and rehabilitation since the time of their original conviction. In his evaluation of clemency requests, Governor Newsom takes into account a wide range of factors, including an applicant’s behaviour since the commission of the offence, whether the grant is compatible with maintaining public safety and serving the interests of justice, and the effect of the grant on the community as a whole, including the experiences of survivors of crimes and victims of crimes.
List Of People who gets Clemency
- In 1994, John Berger, a former US Army soldier, was convicted guilty of trafficking a controlled substance. His present job involves assisting others in keeping their sobriety.
- Kathy Uetz, who was convicted of drug-related charges in 1997, completed more than 5,000 hours of community emergency response team volunteer work.
- Michael Farrier was judged responsible for both first- and second-degree burglaries.
- Kimberly Gregorio was sentenced to four years of probation and 180 days in jail in 1988 after being found guilty of obstructing an officer and having a prohibited drug with the intent to sell.
- James King Ill, who was adjudicated responsible for selling cocaine.
- Jimmy Picton, who was convicted in the 1970s of trespassing and possessing a restricted substance with the purpose to sell.
- In 2001, Santiago Lopez, who was 19 at the time, was adjudicated guilty of drug-related offences. His current responsibilities include managing the church’s facilities, acting as a peer counsellor, and co-founding a nonprofit organisation for young leaders with his wife.
- Lucas Beltran Dominguez, 60, may be deported and his family may be split up as a result of his conviction for transporting or selling marijuana as well as having marijuana in his possession with the intent to sell. The father of seven is an active member of his church.
- Julie Ruehle, then 19 years old, received a prison sentence in 1999 for possessing drugs and illegally taking a car.
- Kenneth Lyerly, who was punished in 2004 for supplying a prohibited drug, received a term.
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Man Convicted 2 Decade Ago Got Release
On Friday, Governor Gavin Newsom of California awarded ten pardons, including ones to some persons who had been convicted of drug offences more than two decades ago and one guy who was facing the possibility of deportation at the time. The California Constitution provides the Governor of California with the authority to give clemency in certain circumstances. A commutation reduces the amount of time that a prisoner is required to spend serving their sentence in prison.
Clemency Does Not Mean Forgiveness
The damage that was caused by the offence is not lessened by a pardon, nor is the offence itself forgiven. These pardons, on the other hand, recognise the grantees’ development and rehabilitation following their initial conviction.
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Governor Newsom considers a variety of factors when deciding whether to grant clemency, including the applicant’s actions since committing the crime, whether the grant is consistent with preserving public safety and upholding the interests of justice, and the grant’s impact on the community as a whole, including the experiences of crime victims and survivors. Governor Newsom has granted a total of 140 pardons, 123 commutations, and 35 reprieves while he has been in office.
Some Civil Rights Reinstated
Individuals who have already completed their sentences and been freed from prison would have the same result if they were granted a pardon; but, in addition to this, they would have some civil rights reinstated. Several of the individuals who were granted pardons earned a Certificate of Rehabilitation, which was issued by the courts after providing evidence to superior courts across the state that they had “lived an upright life” since their convictions. This was one of the requirements for receiving a pardon from the state.
In addition to contemplating whether or not the clemency is “consistent with public safety and in the interest of justice,” Newsom also took into account the conduct of the recipients of the clemency in the time since the commission of the offence. According to a statement that was released to the press, the governor took into account the effects that giving a pardon would have on the community as a whole, particularly on those individuals who had either survived a crime or been impacted by it.