Pardon

Introduction to Pardon

Pardon, in law, act by which an individual or class of individuals is freed from the consequences of having committed a breach of the law. Article II, Section 2, of the U.S. Constitution confers on the president “power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.” Under most state constitutions this power is exercised by the governor, although in some cases the consent of the legislature or the executive council is required. A number of states have boards of pardon consisting, as a rule, of high executive and judicial state officers.

A pardon may be granted either before or after conviction for a crime. It cannot, however, apply retroactively to allow one who paid a fine to recover the same, or to allow one who has served a term of imprisonment to obtain compensation for such imprisonment. A pardon may be absolute or conditional. Any condition may be imposed provided it is not impossible, illegal, or immoral. A full pardon effects a remission of the punishment and generally removes any legal disabilities consequent upon conviction. In most states of the U.S., however, a pardon does not restore to a person convicted of an infamous crime rights of citizenship, unless such restitution is expressly granted.” (1)

Concept of Pardon

Note: explore also the meaning of this legal term in the American Ecyclopedia of Law.

Resources

See Also

• Presidency
• Executive Power

Resources

Notes and References

• Information about Pardon in the Encarta Online Encyclopedia

Guide to Pardon

Pardon in Constitutional Law

From the Comparative Constitutions Project: A pardon is the forgiveness of a crime and the penalty associated with it. It is usually granted by a sovereign power, such as a head of government or head of state.