Pardon in the United States

The power to grant exemption from criminal penalty. The power to pardon is discussed in Article II, Section 2, of the U.S. Constitution. It conveys to the president “power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.” A similar power exists for governors at the state level. A pardon may be used in cases of individuals or groups. In the latter case, the pardon may be called amnesty. A pardon not only exempts persons from penalties such as imprisonment or fine, but also restores any civil rights that may have been lost with criminal conduct. The only limitation on the federal pardon power is that it may not reverse the outcome of an impeachment process. A pardon or the granting of clemency has the legal effect of removing- all altogether. Executives

also possess the authority to commute sentences and grant reprieves’. The commutation of a sentence does not remove the conviction but mitigates the penalty. Commutation occurs most frequently when a prisoner has a life sentence without the possibility of parole. The sentence may be commuted to life, a sentence which carries at least the potential for parole consideration. A reprieve, on the other hand, does not disturb either a conviction or a sentence, but delays implementation of the sentence. A governor may issue a reprieve in a capital punishment situation to allow further appeals. A reprieve has the same effect as a court-ordered stay from carrying out a sentence. Unless something intervenes, neither reprieves nor stays are permanent.

Analysis and Relevance

The power to pardon may completely or partially nullify the effects of a criminal conviction. When the president grants a full or complete pardon, it “blots out” the conviction so that it is as though no offense had ever been commiteted.. A president may also grant a partial or “conditional” pardon. In the case of Schick v. Reed (419 U.S. 256: 1974), the Court upheld a presidential order reducing a death penalty murder conviction to a life sentence with the condition that parole could never be obtained. As seen in Ex parte Grossman (267 U.S. 87: 1925), the pardon power may extend to judicial contempt situations. Executive review of sentences is wholly discretionary. Some states, however, require petitions to be filed with and reviewed by clemency boards or committees.

Notes and References

Definition of Pardon from the American Law Dictionary, 1991, California

Pardon Definition

An act of grace, proceeding from the power intrusted with the execution of the laws, which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed. 7 Pet. (U. S.) 160. Every pardon granted to the guilty is in derogation of the law. If the pardon be equitable, the law is bad; for where legislation and the administration of the law are perfect, pardons must be a violation of the law. But, as human actions are necessarily imperfect, the pardoning power must be vested somewhere, in order to prevent injustice when it is ascertained that an error has been committed.
(1) An absolute pardon is one which frees the criminal without any condition whatever.
(2) A conditional pardon is one to which a condition is annexed, , performance of which is necessary to the validity of the pardon. 1 Bailey (S. C.) 283; 10 Ark. 284; 1 McCord (S. C) 176; 1 Park. Cr. Cas. (N. Y.) 47.
(3) A general pardon, more properly called amnesty (g. v.), is one which extends to all offenders of the same kind. It may be express, as when a general declaration is made that all offenders of a certain class shall be pardoned, or implied, as in case of the repeal of a penal statute. 2- Overt. (Tenn.) 423. The distinction between pardon, amnesty, and reprieve seems to be that pardon permanently discharges the individual designated from some or all special penal consequences of his crime, but does not affect the legal character of the offense committed ; while ‘ amnesty obliterates the effect, and declares that government will not consider the thing done punishable, and hence operates in favor of all persons involved in it, whether mentioned or not; and reprieve only temporarily suspends execution of punishment, leaving the legal character of the act unchanged, and the individual subject to its consequences in time to come. Abbott.

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An act of grace, proceeding from the power intrusted with the execution of the laws, which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed. 7 Pet. (U. S.) 160. Every pardon granted to the guilty is in derogation of the law. If the pardon be equitable, the law is bad; for where legislation and the administration of the law are perfect, pardons must be a violation of the law. But, as human actions are necessarily imperfect, the pardoning power must be vested somewhere, in order to prevent injustice when it is ascertained that an error has been committed.
(1) An absolute pardon is one which frees the criminal without any condition whatever.
(2) A conditional pardon is one to which a condition is annexed, , performance of which is necessary to the validity of the pardon. 1 Bailey (S. C.) 283; 10 Ark. 284; 1 McCord (S. C) 176; 1 Park. Cr. Cas. (N. Y.) 47.
(3) A general pardon, more properly called amnesty (g. v.), is one which extends to all offenders of the same kind. It may be express, as when a general declaration is made that all offenders of a certain class shall be pardoned, or implied, as in case of the repeal of a penal statute. 2- Overt. (Tenn.) 423. The distinction between pardon, amnesty, and reprieve seems to be that pardon permanently discharges the individual designated from some or all special penal consequences of his crime, but does not affect the legal character of the offense committed ; while ‘ amnesty obliterates the effect, and declares that government will not consider the thing done punishable, and hence operates in favor of all persons involved in it, whether mentioned or not; and reprieve only temporarily suspends execution of punishment, leaving the legal character of the act unchanged, and the individual subject to its consequences in time to come. Abbott.

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Notice

This definition of Pardon Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Practical Information

Note: Some of this information was last updated in 1982

To excuse an offense without penalty. This power is usually vested only in the chief executive, who has few restrictions in using it.

(Revised by Ann De Vries)

What is Pardon?

For a meaning of it, read Pardon in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Pardon.

Concept of Pardon

In the U.S., in the context of Presidency and Executive Power, Pardon has the following meaning: Article II, Section 2 of the Constitution says that the President “shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.” A pardon is a legal release from the penalty or punishment of a violation of the law. It can serve as a check on the power of the judiciary, to lessen an outcome that is seen as unjust. It has also been used in ways that may trigger criticism of the President for reducing punishments of convicted criminals. (Source of this definition of Pardon : University of Texas)

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Pardon. in 1899 (United States)

The following information about Pardon. is from the Cyclopaedia of Political Science, Political Economy, and the Political History of the United States by the Best American and European Writers.

PARDON. Pardon is the remission, granted by the sovereign or head of the state to a sentenced person, of the penalty imposed on him by the courts. Such penalty is sometimes replaced by a less severe one. This is what is called a commutation of sentence.

-Pardon, in contradistinction to amnesty, abolishes neither the offense nor the sentence.

-The utility of the right of pardon has been questioned by some publicists, as for instance, Beccaria, Bentham and even Rousseau, who have contested the necessity of its intervention. Beccaria desired to introduce clemency into the law, but not into the execution of its judgments. He thought that the moderation of penalties and the perfection of the law would render pardons superfluous.

The right to remit the penalty imposed on the culprit, he said, is a tacit disapprobation of the laws.

This inflexible rule, which attributes the same weight and measure to all acts of the same nature, although in the infinite variety of human affairs they differ considerably one from the other, and never have the same moral value, has been condemned by experience, which has rejected the system of the fixity of penalties. J. J. Rousseau, although less absolute than Beccaria, reached almost the same conclusions.

The right of pardon, says Rousseau, or of exempting a culprit from the penalty declared by the law and pronounced by the judge, belongs only to one who is above the judge and the law, that is, to the sovereign; moreover, the right of the sovereign to exercise the pardoning power is not quite clear, and the cases in which that power should be exercised are very rare. In a well-governed state there are but few punishments, not because pardon is very frequent, but because there are few criminals; the multitude of crimes insures their impunity when the state is in a condition of decay. * * Frequent cases of pardon indicate that crimes will soon have no need of it.

-More recently than Rousseau’s time clemency in the executio
n of penalties found new adversaries. Mr. Livingston, an American, opposed it in principle, and proposed at least to restrict its application to certain cases.

The [58] pardoning power, said he, should not be exercised except in cases in which the innocence of the prisoner is discovered after he has been condemned, or in case of his sincere and complete reformation.

These few words give utterance to several errors: first, if a person condemned is found to be innocent after his condemnation, there can be no such thing as pardon; the judicial error should be corrected, and the sentence of condemnation annulled. Then, it is not correct to say that the reformation of the person condemned and his moral amendment should of themselves constitute a motive for the intervention of the pardoning power. Mr. Livingston, whom we have just cited, would, without doubt, have expressed himself differently had he borne political crimes and offenses in mind. We do not deny that repentance and the return to moral sentiments may, in the case of ordinary crimes, be made a condition of pardon. The thief and the murderer should not be allowed to re-enter society without giving it a pledge for their moral behavior. But political crimes and offenses have a special character: they do not manifest in their author the same degree of perversity as common crimes, and conscience does not express the same reprobation for them. This class of offenses, in most cases, constitutes just as serious a violation of a moral law as ordinary offenses, but not of the same law. Common crimes are crimes everywhere; political acts are crimes only in a variable and, in a sense, conditional manner. It might be said that circumstances make and unmake them.

The immorality of political offenses, says Guizot, is neither as clear nor as immutable as that of ordinary crimes; it is always crossed or obscured by the vicissitudes of human affairs; it varies with the time, with events and with the rights and merits of power.

-Public conscience is subject to reaction in favor of persons condemned for political offenses; it can not be so subject in favor of persons condemned for ordinary crimes. Public conscience amnesties the former, it pardons the latter, but it never amnesties them, it forgives but does not forget them.

More about Pardon in the Cyclopaedia of Political Science, Political Economy, and the Political History of the United States

-How, then, can we subordinate the right of pardon in matters political to conditions of reformation and private morality, as has been proposed by Mr. Livingston? What makes repression necessary in cases of this kind is not the immorality and perversity of the person committing the offense, but political causes which must be subjected in their action to the general principles of justice and of right; the opportuneness, sometimes even the necessity, of pardon, depends on the same causes. Circumstances which change, occasions which pass away, passions which become abated, parties which are dissolved: all of these contribute toward diminishing the importance of a person condemned for a political offense.

(Théorie du Code pénal, by MM. Chauveau et Faustin Hélie.)

-In politics, the pardon granted the culprit (who sometimes is but a vanquished adversary) produces the happiest effect in favor of the power granting it; it impresses the minds of the people with the spectacle of power and greatness, and at the same time disarms the parties.

Monarchs, says Montesquieu, have so much to gain by clemency, they derive so much glory from it, that in almost every instance it is for them a piece of good fortune to have an opportunity to exercise clemency.

-How many examples are there, on the contrary, of powers pursued to death by the cry of blood uselessly spilt, and which have perished for not having pardoned in time!

-But when should we punish and when pardon? Montesquieu proposed that question to himself, which it is not an easy task to solve. Clemency, says he, should not degenerate into weakness, nor should it bring the prince who exercises it into contempt. Clemency, it is true, may have its dangers, but neither is implacable severity without its dangers; the latter produces terror, which offers but an unsteady basis to power: Non diuturni timor magister officii, and provokes retaliation. If we can not help going to extremes it is better to sin by an excess of clemency. It is not certain that this is not the better policy, even as far as duration is concerned; and posterity, which admires the victor, gives its love to the indulgent.18

Author of this text: Emile Chédieu.

Pardon

Pardon in the United States

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Analysis and Relevance

Notes and References

Pardon Definition

Pardon in Foreign Legal Encyclopedias

Browse the American Encyclopedia of Law for Pardon

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Practical Information

To excuse an offense without penalty. This power is usually vested only in the chief executive, who has few restrictions in using it.

What is Pardon?

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Pardon. in 1899 (United States)

More about Pardon in the Cyclopaedia of Political Science, Political Economy, and the Political History of the United States

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