Clemency and the Unitary Executive
... gone too far. The President has broad and explicit back-end control as well.
The Pardon Clause vests the President with “Power to Grant Reprieves and
Pardons for Offenses against the United States, except in Cases of
Impeachment.” 13 Even those commentators most critical of the President’s
refusal t ...
Measured Mercy - Moritz College of Law
... Similarly, there is an ever-growing body of scholarship addressing the increased
integration of victim interests into the criminal justice process.7 However, there is
a dearth of literature addressing the intersection of these two areas of law. To date,
no one has directly asked how our legal system ...
Conditioning the President`s Conditional Pardon Power
... on the performance of which the valid' 22
ity of the pardon will depend.
Yet, empowering the president to attach conditions to offers of pardon
opens a veritable Pandora's Box. Consider that a president might offer to
commute the sentence of an offender on the condition that the offender
donates a k ...
Reinventing the President`s Pardon Power
... courts, trusting that a president would be restrained in its exercise either by the threat
of reprisal at the ballot box, or by what James Iredell called “the damnation of his
fame to all future ages.”
Pardon proved its practicality right away, in helping the president deal with a series
of rebellio ...
A pardon is the forgiveness of a crime and the cancellation of the relevant penalty; it is usually granted by a head of state (such as a monarch or president) or by acts of a parliament or a religious authority. Clemency, a policy made famous over the whole of the Roman Empire by Julius Caesar, means the forgiveness of a crime or the cancellation (in whole or in part) of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves. Commutation or remission is the lessening of a penalty without forgiveness for the crime; the beneficiary is still considered guilty of the offense. A reprieve is the postponement of punishment, often with a view to a pardon or other review of the sentence (such as when the reprieving authority has no power to grant an immediate pardon).Today, pardons are granted in many countries when individuals have demonstrated that they have fulfilled their debt to society, or are otherwise considered to be deserving. Pardons are sometimes offered to persons who are wrongfully convicted or who claim they have been wrongfully convicted. In some jurisdictions, accepting such a pardon implicitly constitutes an admission of guilt (see Burdick v. United States in the United States), so in some cases the offer is refused. Cases of wrongful conviction are nowadays more often dealt with by appeal than by pardon; however, a pardon is sometimes offered when innocence is undisputed to avoid the costs of a retrial. Clemency plays a very important role when capital punishment is applied.