pardon

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pardon,

in law, exemption from punishment for a criminal conviction granted by the grace of the executive of a government. A general pardon to a class of persons guilty of the same offense (e.g., insurrection) is an amnestyamnesty
, in law, exemption from prosecution for criminal action. It signifies forgiveness and the forgetting of past actions. Amnesties are usually extended to a group of persons during a period of prolonged disorder or insurrection.
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. A pardon (at least in the United States) absolutely terminates criminal liability, including any restrictions that result from a criminal conviction (though the pardoned person is not exonerated from the civil liability that a crime may have incurred). A pardon is thus to be distinguished from alleviation of punishment (such as commutation of sentencecommutation of sentence,
in criminal law, reduction of a sentence for a criminal act by action of the executive head of the government. Like pardon, commutation of sentence is a matter of grace, not of right; it is distinguished from pardon, however, in that the conviction of
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, reprieve, and paroleparole
, in criminal law, release from prison of a convict before the expiration of his term on condition that his activities be restricted and that he report regularly to an officer.
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), which does not nullify the conviction and all of its effects. The Constitution of the United States gives the president power to grant reprieves and pardons for all federal crimes, but he may not release a person from the effects of impeachmentimpeachment,
in Great Britain and United States, formal accusation issued by a legislature against a public official charged with crime or other serious misconduct. In a looser sense the term is sometimes applied also to the trial by the legislature that may follow.
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; pardons issued by the president are unreviewable. In most of the states the governor has nearly the same power in respect to state crimes. Usually, the governor may not pardon those convicted of treason or criminal contempt of court. In canon law the pardon is the absolution granted in penancepenance
, sacrament of the Roman Catholic and Orthodox Eastern churches. By it the penitent (the person receiving the sacrament) is absolved of his or her sins by a confessor (the person hearing the confession and conferring the sacrament).
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; in the Middle Ages the word was used commonly to mean an indulgenceindulgence,
in the Roman Catholic Church, the pardon of temporal punishment due for sin. It is to be distinguished from absolution and the forgiveness of guilt. The church grants indulgences out of the Treasury of Merit won for the church by Christ and the saints.
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 (hence pardoner, a dispenser of indulgences).

Pardon

The golden threads of forgiveness, pardon, and release weave in and out of the events commemorated during Holy Week. Pontius Pilate pardons Barabbas. Jesus forgives his tormentors and pardons the Good Thief (Luke 23:32-43). After his death Jesus releases the souls of the departed from captivity in the underworld (see also Descent into Hell). In addition, the early Christians quickly came to see Jesus' death itself as a sacrifice that offered both forgiveness and redemption to the whole human race.

In recognition of the importance of these themes to the spiritual message of the Easter festival, the early Christians pardoned and released criminals during Holy Week. St. John Chrysostom (c. 347-407) mentioned this practice in his writings, drawing a parallel between these earthly pardons and Jesus' Descent into Hell, an event commemorated on Holy Saturday. St. Gregory of Nyssa (c. 335-c. 394) recorded the fact that some Christians expanded the concept of the Easter pardon by freeing slaves at this time of year.

Centuries later French monarchs still granted an Easter pardon on Good Friday, releasing one prisoner whose crime was otherwise unpardonable. Some called this period of the year the "reign of Christ" in reference to the spirit of forgiveness evidenced in these kinds of actions. In the eleventh century the citizens of Aquitaine, a region of southwestern France, were expected to uphold the "truce of God" from the evening prayer service on Spy Wednesday until the morning of Easter Monday. The local laws imposed strict punishment on any who dared commit an act of violence or revenge during these holy days.

In a few countries Christians still observe the old tradition of granting Easter pardons (see also Forgiveness Sunday). In Colombia this custom is called the "Feast of the Prisoners" and is practiced on Maundy Thursday in the town of Popayán. On this day a small band of politicians, priests, and children, accompanied by the army band, march out to the local jail. There they prepare a banquet for the prisoners from the cartloads of food that they brought with them in the procession. After the feast, officials select one prisoner from among those who have served most of their sentence. For the rest of the day he sits on a street corner, under guard, while passersby offer him gifts of food and money. At evening time the guards set him free (see also Colombia, Easter and Holy Week in).

Further Reading

Griffin, Robert H., and Ann H. Shurgin, eds. Junior Worldmark Encyclopedia of World Holidays. Volume 1. Detroit, MI: UXL, 2000. Monti, James. The Week of Salvation. Huntington, IN: Our Sunday Visitor Publications, 1993. Slim, Hugo. A Feast of Festivals. London, England: Marshall Pickering, 1996. Weiser, Francis X. The Easter Book. New York: Harcourt, Brace and Company, 1954.

pardon

1. Law
a. release from punishment for an offence
b. the warrant granting such release
2. a Roman Catholic indulgence
References in periodicals archive ?
CHANCE 43, 50 (1998) ("[T]he Framers, themselves steeped in the tradition of English law, were in substantial agreement about the need for an executive pardoning power and favored its adoption .
Tim Pawlenty has been under fire for pardoning a sex offender who was subsequently charged with abusing a child.
87) The DOJ argued that the requirement that the OPA provide the President with a report whenever the President seeks advice is "fundamentally inconsistent" with the framers' decision to exclude Congress from pardoning, that the victim notification requirement was an attempt to influence the President's discretion, and that the Act was an effort by Congress to impose its views on the President.
But in pardoning Nixon on September 8, 1974, Ford was tending to his own future, too.
It is interesting to explore what pardoning prisoners entails.
Presidents have been pardoning felons since George Washington pardoned a rum smuggler in 1796.
Pardoning Rich was a way for Clinton to give Barak a kind of consolation prize, this friend says.
He clearly hoped for a solution that would avoid the wholesale pardoning of all pregnant female convicts and, perhaps too, avoid the loss of their valued labor.
For it is in giving that we receive; it is in pardoning that we are pardoned; and it is in dying that we are born to eternal life.
Part III makes the textual and structural arguments, attacking the simple "plenary" reading and concluding that the best readings of the Constitution are structural ones that forbid Presidents from pardoning themselves.
In commemoration of Sinai Liberation Day, interim President Adly Mansour issued on Sunday a presidential decree pardoning a number of prisoners who have served over half their time in prison
In addition, the Court specifies that there the Bulgarian Constitution and legislation mandate no crimes that cannot be pardon, nor do constrain the President to follow a specific procedure when granting pardons, nor require that he make public his reasons for pardoning criminals.