Line 5: |
Line 5: |
| A '''pardon''' is the [[forgiveness]] of a [[Transgression|crime]] and the penalty associated with it. It is granted by a head of [[state]], such as a monarch or president, or by a competent church [[authority]]. ''Commutation'' is an associated term, [[meaning]] the lessening of the [[penalty]] of the crime without forgiving the crime itself. A ''reprieve'' is the temporary postponement of [[punishment]]. ''Clemency'' is a general term [[encompassing]] all of these. Today, pardons are granted in many countries when [[individuals]] have [[demonstrated]] that they have [[fulfilled]] their debt to [[society]], or are otherwise deserving (in the opinion of the pardoning official) of a pardon. Pardons are sometimes offered to [[persons]] who claim they have been wrongfully convicted. Some believe accepting such a pardon implicitly constitutes an admission of [[guilt]], so in some cases the offer is refused (cases of wrongful conviction are nowadays more often dealt with by appeal than by pardon). | | A '''pardon''' is the [[forgiveness]] of a [[Transgression|crime]] and the penalty associated with it. It is granted by a head of [[state]], such as a monarch or president, or by a competent church [[authority]]. ''Commutation'' is an associated term, [[meaning]] the lessening of the [[penalty]] of the crime without forgiving the crime itself. A ''reprieve'' is the temporary postponement of [[punishment]]. ''Clemency'' is a general term [[encompassing]] all of these. Today, pardons are granted in many countries when [[individuals]] have [[demonstrated]] that they have [[fulfilled]] their debt to [[society]], or are otherwise deserving (in the opinion of the pardoning official) of a pardon. Pardons are sometimes offered to [[persons]] who claim they have been wrongfully convicted. Some believe accepting such a pardon implicitly constitutes an admission of [[guilt]], so in some cases the offer is refused (cases of wrongful conviction are nowadays more often dealt with by appeal than by pardon). |
| | | |
− | ''Clemency'' is often requested by foreign [[governments]] that do not [[practice]] [http://en.wikipedia.org/wiki/Capital_punishment capital punishment] when one of their [[citizens]] has been sentenced to [[death]] by a foreign nation that does practice it. | + | ''Clemency'' is often requested by foreign [[governments]] that do not [[practice]] [https://en.wikipedia.org/wiki/Capital_punishment capital punishment] when one of their [[citizens]] has been sentenced to [[death]] by a foreign nation that does practice it. |
| | | |
| ==Related concepts== | | ==Related concepts== |
Line 18: |
Line 18: |
| Among those who see some [[legitimate]] use for the [[power]] to pardon in some cases, there are those who see it as being susceptible to [[abuse]] if applied inconsistently, selectively, [[arbitrarily]], or without strict, [[publicly]] accessible guidelines. Others believe that the pardon power should be used frequently as a means of infusing [[mercy]] into the [[justice]] [[system]]. | | Among those who see some [[legitimate]] use for the [[power]] to pardon in some cases, there are those who see it as being susceptible to [[abuse]] if applied inconsistently, selectively, [[arbitrarily]], or without strict, [[publicly]] accessible guidelines. Others believe that the pardon power should be used frequently as a means of infusing [[mercy]] into the [[justice]] [[system]]. |
| | | |
− | The principle of the [http://en.wikipedia.org/wiki/Rule_of_Law Rule of Law] is [[intended]] to be a safeguard against such [[arbitrary]] [[governance]]. The 'rule of law', in its most basic form, is the principle that no one is above the law. [http://en.wikipedia.org/wiki/Thomas_Paine Thomas Paine] stated in his pamphlet [http://en.wikipedia.org/wiki/Common_Sense_(pamphlet) Common Sense] (1776): "For as in [[absolute]] governments the king is law, so in free countries the law ought to be king; and there ought to be no other." | + | The principle of the [https://en.wikipedia.org/wiki/Rule_of_Law Rule of Law] is [[intended]] to be a safeguard against such [[arbitrary]] [[governance]]. The 'rule of law', in its most basic form, is the principle that no one is above the law. [https://en.wikipedia.org/wiki/Thomas_Paine Thomas Paine] stated in his pamphlet [https://en.wikipedia.org/wiki/Common_Sense_(pamphlet) Common Sense] (1776): "For as in [[absolute]] governments the king is law, so in free countries the law ought to be king; and there ought to be no other." |
| | | |
| Some [[critics]], such as ethicist Jacob Appel, argue that the pardon power is not used nearly widely enough. According to Appel, "It often seems that the principal [[purpose]] of these rare reprieves, much like the pardoning of a Thanksgiving Day turkey, is to make the pardoning politicians appear generous and affable to the electorate."[16] | | Some [[critics]], such as ethicist Jacob Appel, argue that the pardon power is not used nearly widely enough. According to Appel, "It often seems that the principal [[purpose]] of these rare reprieves, much like the pardoning of a Thanksgiving Day turkey, is to make the pardoning politicians appear generous and affable to the electorate."[16] |