Pardons: Legal Releases and Controversies

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10 Questions

What is the main purpose of a pardon?

To release a person from all penalties associated with a crime

Who has the power to grant pardons in the United States?

The President

What is a posthumous pardon typically granted for?

To correct an injustice that occurred during the person's lifetime

When was the first pardon granted in the United States?

1795

What types of penalties can a full pardon release a person from?

Fines, probation, and incarceration

What is the process of obtaining a pardon based on?

The nature of the crime, the person's record, and other relevant factors

Who typically grants a state pardon?

The state governor

Who makes the decision to grant a pardon?

The authority granting the pardon

What is one of the controversies surrounding pardons?

Some argue that they undermine the rule of law

What can have a significant impact on individuals and society as a whole?

Pardons

Study Notes

Pardon

A pardon is a legal act that releases a person from punishment or penalty. It is typically granted by a government, but can also be granted by an individual in certain circumstances. Pardons can be full or partial, meaning they can release a person from all or some of the penalties associated with a crime.

History of Pardons

The concept of a pardon dates back to ancient times, with records of pardons being granted by rulers and monarchs in various cultures. In the United States, the power to grant pardons was given to the President by the Constitution, and the first pardon was granted by George Washington in 1795. Since then, pardons have been granted by every President, with the number of pardons granted varying greatly depending on the President and the time in office.

Types of Pardons

There are several types of pardons, including:

  1. Full Pardon: A full pardon releases a person from all penalties associated with a crime, including fines, probation, and incarceration.
  2. Partial Pardon: A partial pardon releases a person from some, but not all, penalties associated with a crime.
  3. Posthumous Pardon: A posthumous pardon is granted to a person after their death, and is typically granted to correct an injustice that occurred during the person's lifetime.
  4. Presidential Pardon: A presidential pardon is granted by the President of the United States and is typically granted for federal crimes.
  5. State Pardon: A state pardon is granted by a state governor and is typically granted for state crimes.

Process of Obtaining a Pardon

The process of obtaining a pardon varies depending on the type of pardon being sought and the jurisdiction in which the crime was committed. In general, the process involves submitting an application to the appropriate authority, providing supporting documentation, and being interviewed by a pardons board or other relevant agency. The decision to grant a pardon is typically made by the authority granting the pardon, and is based on a variety of factors, including the nature of the crime, the person's record, and the purpose of the pardon.

Controversy Surrounding Pardons

Pardons have been a subject of controversy throughout history, with some arguing that they are an important tool for correcting injustices and others arguing that they undermine the rule of law. The debate surrounding pardons is likely to continue, as the power to grant pardons is a significant one that can have a significant impact on individuals and society as a whole.

Explore the history, types, and process of obtaining pardons, as well as the controversy surrounding this legal act. Learn about full, partial, posthumous, presidential, and state pardons, and the factors involved in the decision-making process.

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