Amnesty and Pardon - Terminology And Etymology, Historical Overview, Clemency Powers In The Twentieth Century, The Future Of Clemency
formal system united
Examples of amnesty and pardon are as ancient as the records of organized society, and these institutions are recognized in almost every contemporary legal system. This universality may be seen as a reflection of the desire appertaining to all systems to "temper justice with mercy." More specifically, it signifies the need for any formal system to maintain a residual power to introduce occasional modifications in implementing its formal norms in order to meet the exigencies of unforeseen situations.
LESLIE SEBBA
RICHARD S. FRASE
CASES
Burdick v. United States, 236 U.S. 79, 95 (1915).
Knote v. United States, 95 U.S. 149 (1877).
State v. Blalock, 61 N.C. (Phil. Law) 242, 247 (1867).
Additional Topics
The term pardon is first found in early French law and derives from the late Latin perdonare ("to grant freely"), suggesting a gift bestowed by the sovereign. It has thus come to be associated with a somewhat personal concession by a head of state to the perpetrator of an offense, in mitigation or remission of the full punishment that he has merited. Amnesty, on the other hand, derives from the Gr…
Early history. The roots of pardon and amnesty are found in ancient law. References to institutions somewhat resembling the modem pardon appear in ancient Babylonian and Hebrew law. The first amnesty is generally attributed to Thrasybulus in ancient Greece (403 B.C.E.); but fifteen centuries earlier the Babylonian kings, on accession to the throne, would declare a misharum, involving a general dis…
The constitutional nature of the clemency powers. Such conflicts in this area between the president and Congress have been symptomatic of the uncertainty attached to the constitutional nature of the clemency powers. Another example, the corollary of the Civil War issue, occurred in 1939 when California's legislature debated the grant of an individual pardon (to former labor leader Tom Mooney), and…
Although somewhat neglected by academic writers, clemency is clearly a perplexing area in the scheme of criminal justice. By their very nature amnesties tend to be controversial, since they denote a radical political reassessment of conduct previously designated as criminal. Constitutionally, however, they have presented less of a problem (outside the United States) because they are subject to the…
L.C.K. "The Power of the President to Grant a General Pardon or Amnesty for Offences against the United States." American Law Register 8 (n.s.) or 17 (o.s.) (1869): 513?532, 577?589. Note. "Executive Clemency in Capital Cases." New York University Law Review 39 (1964): 136?192. ??. "Amnesty: A Quasi-experiment." British Journal of Criminology, Delinquency, and Deviant Social Behaviour 19 (1979): 5…
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