When the president proposes to exercise his or her
executive clemency, the case is directed to the Office of the Pardon Attorney for review. There are five standards for someone to be considered to be
pardoned. Generally, the
petitioner must be in a good standing during their sentence and must wait a period of at least five years before applying to pardon. However, this five-year wait period can be waived. The first standard is how the person's conduct, character, and reputation have been during conviction. This means that the individuals conducted themselves as responsible and knowledgeable people who are aware of their crime and are ready to return to normal society. They must have the potential to create a better society by achieving employment, providing for themselves and loved ones, as well as keeping a clean criminal background. Second is the seriousness and when the offense occurred. When the offense is years in the past and did not affect many people, the chance to achieve a pardon is much greater than if the offense was very recent and a
high crime. Things that must be considered include how the victims would deal with the pardon, and how it will set a precedent for future similar crimes. Most of these were for nonviolent drug offenders, in an effort to get non-serious offenders out of prison and to reverse the negative outcomes from the
war on drugs. Third is the individual's acceptance of responsibility and self-awareness of how serious their actions were. The individual's behavior, if they are creating excuses or reasons why they committed the crime, will greatly lower the chances of pardon. If the individual desires forgiveness and portrays complete responsibility for their actions, then the chances are much higher. This crime was not very serious, considering Mudd claimed he was unaware of Booth's actions at the time and he was doing what his profession entailed. Lastly, referrals and recommendations from people in powerful positions like politicians, attorneys, judges, and even victims are looked over carefully to decide if an individual is worthy of a pardon.
Posthumous pardons Posthumous pardons are rare because it is generally Department of Justice policy to not accept requests for non-living persons. This is due to the limited resources and personnel at the Department of Justice, and cases involving living persons take precedence over those who are deceased. The same procedure and reasoning are applied to clemency applications for federal misdemeanors, giving precedent to cases involving federal felony convictions. This structure is designed to allow the DOJ to devote its time to those who will receive the greatest benefit from Federal clemency. Only presidents Clinton, George W. Bush, Trump and Biden have granted posthumous pardons. == Steps and process ==