Pardon

Definition of Pardon

Note: See a more comprehensive approach to the Pardon legal concept in the American Law Encyclopedia

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.

See Also

Sentence (Law of the United States).

Resources

Pardon Related Resources

• Pardon in the United States Legal Encyclopedia
• Criminal Judicial Process Keywords in the United States Legal Encyclopedia
• Criminal Process Keywords in the International Legal Dictionary

Notes

• “Pardon”, The American Law Dictionary, 1991, California

Pardon

In the Past

A pardon is an act of grace, proceeding from the power entrusted 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. S. C. Rep. 160.

Developments

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.

Details

The subject will be considered with regard, 1. To the kinds of pardons. 2. By whom they are to be granted. 3. For what offences. 4. How to be taken advantage of 5. Their effect.

Other Aspects

Pardons are general or special. 1. The former are express, when an act ofthe legislature is passed expressly directing that offences of a certain class; must be pardoned, as in the case of an act of amnesty. See Amnesty. A general pardon is implied by the repeal of a penal statute, because, unless or given by law, an offence against such statute while it was in force cannot be punished and the offender goes free. 2 Overt. 423. 2. Special pardons are those which are granted by the pardoning power for particular cases.

More Information

Pardons are also divided into absolute and conditional. The former are those which free the criminal (see more about this popular legal topic in the U.S. encyclopedia) without any condition whatever; the fatter are those to which a condition is annexed, which must be performed before the pardon can have any effect. Bac. Ab. Pardon, E; 2 Caines, R. 57; 1 Bailey, 283; 2 Bailey 516. But see 4 Call, R. 85.

Other Issues

The constitution (see more about this popular legal topic in the U.S. encyclopedia) of the United States of America gives to the, president in general terms, “the power to grant reprieves and pardons for offences against the United States of America.” The same power is given generally to the governors of the several states to grant pardons for crimes committed against their respective states, but in some of them the consent of the legislature or one of its branches is needd.

More

Except in the case of impeachment, for which a pardon cannot be granted, the pardoning power may grant a pardon of all offences against the government (see more about this popular legal topic in the U.S. encyclopedia) and for any sentence or judgment. But such a pardon does not run to discharge the interest which third people may have acquired in the judgment; as, where a penalty was incurred in violation of the embargo laws and the custom house officers became entitled to one-half of the penalty, the pardon did not discharge that. 4 Wash. C. C R. 64. See 2 Bay, 565; 2 Whart. 440; 7 J. J. Marsh. 131.

More

When the pardon is general, either by an act of amnesty or by the repeal of a penal law, it is not necessary to plead it, because the court is bound, ex officio, to take notice of it. And the criminal (see more about this popular legal topic in the U.S. encyclopedia) cannot even waive such pardon, because by his admittance, no one can give the court power to punish him, when it judicially appears there is no law to do it. But when the pardon is special, to avail the criminal (see more about this popular legal topic in the U.S. encyclopedia) it must judicially appear that it has been accepted and for this reason it must be specially pleaded. 7 Peters Reports 150, 162.

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The effect of a pardon is to protect from punishment the criminal (see more about this popular legal topic in the U.S. encyclopedia) for the offence pardoned, but for no other. 1 Porter, 475. It seems that the pardon of an assault and battery, which afterwards becomes murder by the death of the person beaten, would not run as a pardon of the murder. 12 Pick. 496. In general, the effect of a full pardon is to restore the convict to all his rights. But to this there are some exceptions: 1st. When the criminal (see more about this popular legal topic in the U.S. encyclopedia) has been guilty of perjury, a pardon will not qualify him to be a witness at any time afterwards. 2d. When one was convicted of an offence by which he became civilly dead, a pardon did not affect or annul the second marriage of his wife, nor the sale of his property (see more about this popular legal topic in the U.S. encyclopedia) by people appointed to administer on his estate, nor divest his heirs of the interest acquired in his estate as a result of his civil death. 10 Johns. R. 232, 483.

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All contracts (see more about this popular legal topic in the U.S. encyclopedia), made for the buying or procuring a pardon for a convict, are void. And such contracts (see more about this popular legal topic in the U.S. encyclopedia) will be declared null by a court of equity (see more about this popular legal topic in the U.S. encyclopedia), on the ground that they are opposed to public policy. 4 Bouv. Inst. n. 3857. Vide, generally, Bac. Ab. h. t.; Comyn's Digest (A digest of the laws of England, 1822) h. t.; Nels. Ab. h. t.; Vin. Ab. h. t.; 13 Petersd. Ab. h. t.; Dane's Ab. h. t.; 3 lust. 233 to 240; Hawk. b. 2, c. 37; 1 Chit. Cr. L. 762 to 778; 2 Russ. on Cr. 595 Arch. Cr. Pl. 92; Stark. Cr. Pl. 368, 380. [1]

Resources

Notes and References

1. Partialy, this information about pardon is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including pardon.

See Also

Pardon (Criminal Judicial Process)

Meaning of Pardon

This is a brief definition of pardon; a term used, in general, in the field of procedural law within the United States: An act of grace, relieving a person from the punishment the law imposes for a crime that he has committed.