When you are seeking commutation, whether it is on behalf of yourself or a loved one, the application will be considered by the Governor. Before the decision reaches the Governor’s desk, it will be reviewed by a board, which will provide a recommendation. The board and the Governor will consider a number of factors before reaching a decision on the application. A criminal defense lawyer at Hogan Eickhoff can help highlight factors that are in your favor on your petition.
Since there is no legal right to commutation, the decision made by the Governor is highly discretionary. They can make their decision for any number of reasons. Not only will the Governor consider certain facts about you and your situation, but they may also consider certain political factors, and that is within their right. At the same time, the Governor may also consider the public interest in your case. You cannot appeal a denial of clemency, since it is a discretionary exercise, and it is a non-judicial process.
Further, there is no set formula about which factors must be considered when a board and the governor are weighing a request. It is realistic to expect that the Governor may consider one factor above all else, and perhaps to the exclusion of other criteria. That is within their right because clemency is a special power that the Governor has that is not subject to review other than in the court of public opinion.
Many inmates today were sentenced at a time long in the past, when there may have been harsher penalties imposed for certain crimes. The 1990s federal crime bill adopted a tone of “lock them up and throw away the key,” and it led to some harsh results. As such, many inmates are serving sentences that are vastly disproportionate to the crimes that they committed. These lengthy sentences have resulted in situations where justice may not have been done. The Governor may look at the actual sentence in comparison with the severity of the crime in deciding whether to grant clemency.
Criminal justice is exactly that; it is justice that is served, in part, for the victim in the case. It may be extremely difficult for a victim to learn that the perpetrator of a crime has been released from prison before the end of their sentence. At the same time, the community may also be angered when people who were convicted of certain offenses are released.
While these factors may not be the sole reasons why a clemency request is denied, they are things that the board and Governor must weigh in deciding whether to grant a request for clemency.
The board may consider what a person has done in the time since their conviction. They may scrutinize an inmate’s behavior behind bars and what they may have done to rehabilitate themselves. If one has already completed their sentence, the board may look at what the person has done since they have been released and the impact that they have had on the community. For example, an inmate who has received education while imprisoned, or has done positive things to impact other prisoners, may be a more viable candidate for clemency. In this regard, clemency can further the rehabilitative goal of the criminal justice system.
Whether it is a pardon or a commutation, one may have a need for relief from the state. For example, a prison inmate may be in declining health or be aging, making a release from prison more of a pressing matter. If one has already been released, they may be dealing with the reputational effects of a conviction, and they could be having difficulty finding employment. In Wisconsin, the authorities may consider a “significant and documented need” for commutation. Here, clemency may be granted as a matter of compassion and fairness when the circumstances call for it.
Strong applications for clemency will have community support. This will be evidenced by backing and recommendations from friends, family, and community figures. For example, a religious figure, such as a pastor, may write a letter of recommendation for the applicant. When there is a wide measure of support for a clemency application, it can serve as evidence of rehabilitation and reintegration into the community.
In the end, it is up to the individual application to put forth as strong an application as possible for clemency. There is much that is beyond your control, and you certainly cannot predict how your application will be received by the relevant board and the Governor. All you can do is compile a persuasive application that shows that you meet many of the factors that are important for relief.
A clemency petition often succeeds when the applicant demonstrates genuine rehabilitation, accountability, and long-term positive change. Strong petitions typically include:
A clear explanation of why clemency is deserved, such as overcoming barriers to employment or restoring civil rights, can also help.
Petitions frequently fail when applicants minimize responsibility, have recent criminal issues, lack supporting documentation, or cannot show meaningful rehabilitation. Serious disciplinary problems, inconsistent statements, weak community support, or failure to explain why clemency serves the public interest may also reduce the likelihood of relief.
If you or someone you love is facing the weight of a criminal conviction, you do not have to navigate the path to clemency on your own. At Hogan Eickhoff, our Appleton criminal defense attorneys understand what is at stake. We have the experience, dedication, and local knowledge to guide clients through the clemency process with clarity and compassion. Every case deserves a thorough review and a strong advocate in your corner.
Contact Hogan Eickhoff today for a free consultation by calling us at (920) 450-9800 or by messaging us online, and take the first step toward reclaiming your life. Learn more about the ways we can help defend various felonies and misdemeanors including domestic violence, drug offenses, property crimes, sex offenses, and violent crimes.
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