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Pardon vs. Parole

What's the Difference?

Pardon and parole are both legal processes that involve the release of a convicted individual from prison, but they differ in their timing and implications. Pardon is typically granted after a person has served their sentence and is a form of forgiveness that removes the conviction from their record. Parole, on the other hand, is a conditional release granted before the completion of a sentence, allowing the individual to serve the remainder of their sentence in the community under supervision. While both pardon and parole offer a form of release from incarceration, they serve different purposes and have different legal implications.

Comparison

AttributePardonParole
DefinitionAn official forgiveness of a crimeRelease of a prisoner before the completion of their sentence
Granted byExecutive branch of governmentParole board or parole officer
TimingCan be granted at any time after convictionGranted during the serving of a sentence
Effect on sentenceCompletely removes the convictionAllows for early release but does not remove the conviction
ConditionsNo conditions attachedMay have conditions such as reporting to a parole officer

Further Detail

Introduction

When it comes to criminal justice, two terms that are often used interchangeably but have distinct meanings are pardon and parole. Both involve the release of a convicted individual from prison, but the circumstances and implications of each are quite different. In this article, we will explore the attributes of pardon and parole, highlighting their differences and similarities.

Definition

A pardon is an act of forgiveness granted by the government to a convicted individual, essentially wiping their criminal record clean. This means that the individual is no longer considered guilty of the crime for which they were convicted. On the other hand, parole is the supervised release of a prisoner before the completion of their sentence, under certain conditions set by a parole board. While a pardon erases the conviction, parole does not.

Eligibility

Eligibility for a pardon varies depending on the jurisdiction, but it typically involves a formal application process that is reviewed by government officials. Pardons are usually granted to individuals who have demonstrated good behavior and have completed their sentence. Parole, on the other hand, is granted by a parole board based on factors such as the nature of the crime, the individual's behavior in prison, and the likelihood of successful reintegration into society.

Authority

Pardons are typically granted by the executive branch of government, such as the president or governor, depending on the level of government. The decision to grant a pardon is usually final and cannot be overturned. Parole, on the other hand, is granted by a parole board, which is a separate entity from the executive branch. The parole board has the authority to set conditions for release and can revoke parole if the individual violates those conditions.

Effect on Record

One of the key differences between a pardon and parole is the effect it has on the individual's criminal record. A pardon essentially erases the conviction from the individual's record, making it as if the crime never occurred. This can have significant implications for the individual's ability to find employment, housing, and other opportunities. Parole, on the other hand, does not erase the conviction from the individual's record. They are still considered a convicted criminal, but are released from prison under supervision.

Conditions

When a pardon is granted, there are typically no conditions attached to the individual's release. They are free to go about their lives without any restrictions. Parole, on the other hand, comes with a set of conditions that the individual must adhere to in order to remain out of prison. These conditions may include regular check-ins with a parole officer, drug testing, and restrictions on travel or association with certain individuals.

Purpose

The purpose of a pardon is to provide a second chance to individuals who have demonstrated rehabilitation and remorse for their actions. It is a way for the government to acknowledge that the individual has paid their debt to society and deserves a fresh start. Parole, on the other hand, is intended to facilitate the reintegration of the individual into society while still holding them accountable for their actions. It is a way to monitor and support the individual as they transition back into the community.

Conclusion

In conclusion, while pardon and parole both involve the release of a convicted individual from prison, they serve different purposes and have different implications. A pardon wipes the individual's criminal record clean, while parole does not. Pardons are granted by the executive branch of government, while parole is granted by a parole board. Understanding the differences between pardon and parole is essential for anyone navigating the criminal justice system, whether as a convicted individual seeking release or as a member of the public seeking to understand the process.

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