Presidential pardons: background information
Presidential pardons have been around since the founding of the U.S. government. They were written into the Constitution during the Constitutional Convention of 1787. From then, they have developed into a powerful privilege for most presidents and have been applied numerous times throughout every president’s presidency (see statistics below).The first use of presidential pardons was in 1794 when President George Washington pardoned those involved in the Whiskey Rebellion. Only two presidents have not exercised this power, William Henry Harrison and James Garfield, due to short terms. Presidential pardons are included into American traditions; every year the president would pardon at least one turkey on the traditional Thanksgiving Day. However, throughout American history, many pardons have been controversial, frequently igniting public debates on whether presidents should be given this power at all.
Presidents and their Pardons Throughout the Years
Presidents were granted the power to pardon by the Constitution. Over the past centuries, presidential pardons have been wielded many times and varied in numbers for each president. As can be seen in the graph to the left, the number of presidential pardons peaked around the beginning of the 20th century. So far, there have been 28,319 cases of pardons over the 225 years since the first pardon granted by President George Washington. Franklin D. Roosevelt has pardoned the most people, adding up to 3,687 people during his three terms of presidency.
Presidents were granted the power to pardon by the Constitution. Over the past centuries, presidential pardons have been wielded many times and varied in numbers for each president. As can be seen in the graph to the left, the number of presidential pardons peaked around the beginning of the 20th century. So far, there have been 28,319 cases of pardons over the 225 years since the first pardon granted by President George Washington. Franklin D. Roosevelt has pardoned the most people, adding up to 3,687 people during his three terms of presidency.
Looking at the Amount of Pardons Given
Professor Garrett Epps talks about the pardons given by presidents over the years in the recording to the right. |
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"As the issue of crime has gotten to be more political, presidents have become less willing to use the pardon."
-- Garrett Epps, Professor of Law; Baltimore School of Law
-- Garrett Epps, Professor of Law; Baltimore School of Law
What are the pros and cons of presidential pardons?
After reading about presidential pardons, you must be thinking, what are the pros and cons? Dr. Phoebe Haddon, Dean of Francis King Carey School of Law at University of Maryland, discusses the pros and cons in the video to the right. |
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What are the Types of Presidential Pardons?
Pardons are meant to be granted to individuals who have fulfilled their debt to the society and to those who are wrongfully convicted. A president may grant a full (unconditional) pardon or conditional pardon. An unconditional pardon means granting forgiveness to a person who committed crime, canceling the charges put against him/her and fully restoring the person's innocence and civil rights. In comparison, a conditional pardon (typically commutation of a sentences) lessens the penalty but does not drop the charges or clear the person's criminal record, and it imposes a condition under which the pardon is given, for example the president may commute an offender's death sentence under the condition that he/she serves life in prison without eligibility for parole. Two other pardon powers include "reprieve", which gives a temporary delay to the execution of the sentence without forgiving the crime or changing the sentence, and "amnesty", which pardons a whole class or community of people instead of a individual.
Pardons are meant to be granted to individuals who have fulfilled their debt to the society and to those who are wrongfully convicted. A president may grant a full (unconditional) pardon or conditional pardon. An unconditional pardon means granting forgiveness to a person who committed crime, canceling the charges put against him/her and fully restoring the person's innocence and civil rights. In comparison, a conditional pardon (typically commutation of a sentences) lessens the penalty but does not drop the charges or clear the person's criminal record, and it imposes a condition under which the pardon is given, for example the president may commute an offender's death sentence under the condition that he/she serves life in prison without eligibility for parole. Two other pardon powers include "reprieve", which gives a temporary delay to the execution of the sentence without forgiving the crime or changing the sentence, and "amnesty", which pardons a whole class or community of people instead of a individual.
"Our legal system vests considerable discretion in criminal proceedings in the prosecutors; the trial judges; and also, to a certain extent, the juries. We do not ensure consistent applications of criminal law in the sense of identical outcomes for those committing similar offenses as a requirement of equal protection or due process; rather, we insist that these decision makers apply the appropriate legal standards in making their decisions. But because of inherent discretion and other factors, such compliance can result in sometimes radically divergent outcomes from one case to the next."
-- Max Stearns, Professor of Law; UM Carey School of Law
-- Max Stearns, Professor of Law; UM Carey School of Law
Can a Recipient of a Pardon Reject the Pardon?
Presidential pardons can let someone out of a lot of trouble, but the acceptance of the pardon indicates the acknowledgment of guilt by the pardon recipient. So the big question is, does the pardon recipient have to accept the pardon? This issue was brought up in the Supreme Court Case, Burdick v. United States. The conclusion was that pardon recipients have the right to reject the pardons if they want to.
Presidential pardons can let someone out of a lot of trouble, but the acceptance of the pardon indicates the acknowledgment of guilt by the pardon recipient. So the big question is, does the pardon recipient have to accept the pardon? This issue was brought up in the Supreme Court Case, Burdick v. United States. The conclusion was that pardon recipients have the right to reject the pardons if they want to.
Nepotism and Pardons: Are they related?
Nepotism: Favoritism shown to relatives/friends. So, do Presidents use nepotism while giving pardons? The sad truth is that they do, sometimes. Look at Roger Clinton's pardon for example, the main reason why Bill Clinton pardoned him is because they are related.
Nepotism: Favoritism shown to relatives/friends. So, do Presidents use nepotism while giving pardons? The sad truth is that they do, sometimes. Look at Roger Clinton's pardon for example, the main reason why Bill Clinton pardoned him is because they are related.
How do Presidential Pardons Effect Felony Charges?
Pardons effect sentences in many ways. For example, the charge for a 3rd degree burglary is up to 10 years in prison (in Maryland). With a presidential pardon, a murderer can get let out of jail after any duration of time. So presidential pardons also cause the felony charges to be unfair since people that commit less penalized crimes such as burglary end up spending more time in prison than murderers do.
Pardons effect sentences in many ways. For example, the charge for a 3rd degree burglary is up to 10 years in prison (in Maryland). With a presidential pardon, a murderer can get let out of jail after any duration of time. So presidential pardons also cause the felony charges to be unfair since people that commit less penalized crimes such as burglary end up spending more time in prison than murderers do.