What is a Pardon?
The action of an executive official of the government that mitigates or sets aside the punishment for a crime.
The granting of a pardon to a person who has committed a crime or who has been convicted of a crime is an act of clemency, which forgives the wrongdoer and restores the person's Civil Rights. At the federal level, the president has the power to grant a pardon, and at the state level the governor or a pardon board made up of high-ranking state officials may grant it.
The power to grant a pardon derives from the English system in which the king had, as one of his royal prerogatives, the right to forgive virtually all forms of crimes against the crown. The Framers of the U.S. Constitution, in Article II, Section 2, Clause 1, provided that the president "shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment." Throughout U.S. history the courts have interpreted this clause to give the president virtually unlimited power to issue pardons to individuals or groups and to impose conditions on the forgiveness.
Parole
Parole is the conditional release of an inmate from prison during which rules and conditions must be followed or the offender can be revoked and returned to prison to serve the remaining portion of the sentence. Pursuant to Title 57, Section 332.7(B) of Oklahoma Statutes, for a crime committed after July 1, 1998, any person (except those convicted of 85% Crimes- see below) in the custody of the Oklahoma Department of Corrections shall be eligible for parole consideration after completing one-third (1/3) of his/her sentence. If your loved one is up for parole, he/she will need an experienced attorney to advocate on his/her behalf before the Oklahoma Pardon and Parole Board.
Oklahoma Pardon and Parole Board: Who Are They?
The Oklahoma Pardon and Parole Board was created by Article 6, Section 10 of the Oklahoma Constitution. The Board is comprised of five (5) members who serve four (4) year terms concurrent with the term of the Governor. Three (3) members are appointed by the Governor, one (1) by the Chief Justice of the Supreme Court and one (1) by the Presiding Judge of the Court of Criminal Appeals.
