Delaware Law Article VII- PARDONS
Delaware Constitution – Article VII: Pardons
This article defines the powers and procedures related to pardons, commutations, reprieves, and clemency in the State of Delaware. It establishes the role of the Governor and the Board of Pardons in granting these acts of mercy.
📘 SUMMARY OF ARTICLE VII – Pardons (Delaware Constitution)
Section 1 – Power to Pardon
The Governor of Delaware has the power to:
Remit fines and forfeitures,
Grant reprieves, commutations of sentence, and pardons.
However, this power cannot be exercised alone in most cases.
Section 2 – Board of Pardons
Establishes the Board of Pardons, which consists of:
The Chancellor,
The Lieutenant Governor,
The Secretary of State,
The State Treasurer,
The Auditor of Accounts.
The Governor must have a recommendation from the Board of Pardons before granting a pardon, except in certain minor cases.
Section 3 – Public Notice and Hearings
Requires:
Public notice before any hearing on a pardon,
Hearings must be open to the public,
Opportunity for interested parties (e.g., victims) to be heard.
Section 4 – Limitations
The Governor may not pardon or commute a sentence in cases of impeachment.
The General Assembly may regulate the procedures but cannot remove the Governor’s constitutional power when used with the Board's recommendation.
✅ Summary:
The Governor cannot unilaterally issue pardons — a recommendation from the Board of Pardons is required.
The Board of Pardons is unique to Delaware and plays a central role in the clemency process.
Transparency and public participation are required before granting pardons.
Pardons are not allowed in cases of impeachment.
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