NCJ Number
60270
Journal
Federal Probation Volume: 43 Issue: 1 Dated: (MARCH 1979) Pages: 16-21
Date Published
1979
Length
6 pages
Annotation
THE EVOLUTION AND LEGAL IMPLICATIONS OF THE PRESIDENT'S POWER TO PARDON CRIMINAL OFFENDERS ARE EXAMINED.
Abstract
THE ROOTS OF EXECUTIVE CLEMENCY IN ENGLISH COMMON LAW ARE NOTED, AND THE PERSPECTIVES THAT SHAPED THE INCLUSION OF THE PARDONING POWER IN THE CONSTITUTION ARE DISCUSSED. CHANGES IN THE LEGAL SCOPE OF THE PARDONING POWER OVER THE YEARS, AS REFLECTED IN U.S. SUPREME COURT DECISIONS, ARE TRACED, WITH REFERENCE TO KEY POINTS ABOUT THE SCOPE OF THE POWER AS IT HAS EVOLVED (E.G., ITS APPLICABILITY TO TRIVIAL AS WELL AS SERIOUS OFFENSES, ITS INAPPLICABILITY TO CIVIL MATTERS AND VIOLATIONS OF STATE LAW, ITS IMMUNITY FROM JUDICIAL OR LEGISLATIVE REVIEW). THE LEGAL IMPLICATIONS INHERENT IN AN ACT OF CLEMENCY ARE DISCUSSED. THE FOLLOWING QUALIFICATIONS OF THE PARDON'S USE ARE BROUGHT OUT: (1) A FULL PARDON DOES REMOVE THE LEGAL CONSEQUENCES OF THE OFFENSE, BUT IT DOES NOT ASSURE THE RECIPIENT A LEGAL STATUS IDENTICAL TO THAT OF AN INNOCENT PERSON; (2) A PARDON OBLITERATES NEITHER THE RECORD NOR THE STIGMA OF A CONVICTION, BUT MERELY FORGIVES THE OFFENSE; (3) A PARDON DOES NOT IN AND OF ITSELF RESTORE THE RECIPIENT'S CIVIL RIGHTS; (4) A PARDON OFFERS NO AMENDS FOR PAST SUFFERING BY THE OFFENDER; AND (5) NO RATIONAL RULE CONCERNING A PARDON'S EFFECTS CAN BE FORMULATED WITHOUT DISTINGUISHING BETWEEN PARDONS GRANTED BECAUSE OF A PERSON'S INNOCENCE AND THOSE GRANTED FOR OTHER REASONS. IT IS CONCLUDED THAT THE PRESIDENTIAL POWER TO PARDON IN THE UNITED STATES, WHICH GENERALLY HAS BEEN USED INFREQUENTLY AND WITH SPECIAL DELIBERATION, RETAINS GREAT IMPORTANCE FOR THE JUDICIAL PROCESS, BOTH IN AMELIORATING THE DEFICIENCIES OF THE PENAL SYSTEM AND IN FURTHERING THE CAUSE OF JUSTICE. (LKM)