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Pardon

A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction.[1][2]

Pardons can be viewed as a tool to overcome miscarriage of justice, allowing a grant of freedom to someone who is believed to be wrongly convicted or subjected to an excessive penalty.[3][4] The second-best theory of pardons views pardons as second-best to fair justice.[5] Pardons can be granted in many countries when individuals are deemed to have demonstrated that they have "paid their debt to society", or are otherwise considered to be deserving of them. In some jurisdictions of some nations, accepting a pardon may implicitly constitute an admission of guilt; the offer is refused in some cases. Cases of wrongful conviction are in recent times more often dealt with by appeal rather than by pardon; however, a pardon is sometimes offered when innocence is undisputed in order to avoid the costs that are associated with a retrial. Clemency plays a critical role when capital punishment exists in a jurisdiction.

Pardons can also be a source of controversy, such as when granted in what appears to be a political favor.[6] The arbitrariness[5] and limited political accountability[7] of pardons have been criticized.

  1. ^ Jacob Frenkel (21 July 2017). "President Trump Can Preemptively Pardon His Advisers And Family, But Will He?". Forbes.
  2. ^ Glenn P. Hastedt (2007). White House Studies Compendium. Vol. 6. Nova Science Pub Inc. p. 328. ISBN 978-1-60021-680-0.
  3. ^ Larkin, Paul J. (2017). "Mistakes and Justice—Using the Pardon Power to Remedy a Mistake of Law". Georgetown Journal of Law and Public Policy. 15: 651.
  4. ^ Love, Margaret Colegate (1999). "Of Pardons, Politics and Collar Buttons: Reflections on the President's Duty to Be Merciful". Fordham Urban Law Journal. 27: 1483.
  5. ^ a b "Pardons and the Theory of the Second-Best". 65 Fla. L. Rev. 1559. 2013. Retrieved 25 January 2025.
  6. ^ Alschuler, Albert W. (2021). "Limiting the Pardon Power". Arizona Law Review. 63: 545.
  7. ^ Smith, Christopher E.; Johnson, Scott P. (1988–1989). "Presidential Pardons and Accountability in the Executive Branch". 35 Wayne L. Rev. 1113. 35: 1113. Retrieved 25 January 2025.

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عفو (مصطلح) Arabic Əfv AZ Помилване Bulgarian Indult Catalan Milost (právo) Czech Benådning Danish Begnadigung German Χάρη Greek Forpardono EO Indulto Spanish

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