Admin
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عدد المساهمات : 656
تاريخ التسجيل : 14/03/2013
 |  موضوع: Pardons issue الأربعاء يونيو 19, 2013 10:56 am | |
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The granting of a pardon to a person who has committed a crime or who has been convicted of a crime is an act of clemency, which forgives the wrongdoer and restores the person's Civil Rights. At the federal level, the president has the power to grant a pardon, and at the state level the governor or a pardon board made up of high-ranking state officials may grant it.
The power to grant a pardon derives from the English system in which the king had, as one of his royal prerogatives, the right to forgive virtually all forms of crimes against the crown. The Framers of the U.S. Constitution, in Article II, Section 2, Clause 1, provided that the president "shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment." Throughout U.S. history the courts have interpreted this clause to give the president virtually unlimited power to issue pardons to individuals or groups and to impose conditions on the forgiveness.
The first major court case involving the pardon power, Ex parte Garland, 71 U.S. (4 Wall.) 333, 18 L. Ed. 366 (1866), established both the scope of the pardon power and the legal effect on a person who was pardoned. President Andrew Johnson pardoned Arkansas attorney and Confederate sympathizer Alexander Hamilton Garland, who had not been tried, for any offenses he might have committed during the Civil War. Garland sought to practice in federal court, but federal law required that he swear an oath that he never aided the Confederacy. Garland argued that the pardon absolved him of the need to take the oath. The Supreme Court agreed with Garland. It held that the scope of the pardon power "is unlimited, with the exception stated [impeachment]. It extends to every offence known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken, or during their pendency, or after conviction and judgment."
The power to pardon applies only to offenses against the laws of the jurisdiction of which the pardoning official is the chief executive. Thus the president may only pardon for violations of federal law, and governors may only pardon for violations of the laws of their states.
A president or governor may grant a full (unconditional) pardon or a conditional pardon. The granting of an unconditional pardon fully restores an individual's civil rights forfeited upon conviction of a crime and restores the person's innocence as though he or she had never committed a crime. This means that a recipient of a pardon may regain the right to vote and to hold various positions of public trust. | |
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Admin
Admin
عدد المساهمات : 656
تاريخ التسجيل : 14/03/2013
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Mohammed 1
عدد المساهمات : 220
تاريخ التسجيل : 23/06/2013
| | موضوع: رد: Pardons issue الخميس يونيو 27, 2013 5:31 pm | |
| Here in Oman we suffer from pardons issue
Thanks man | |
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Admin
Admin
عدد المساهمات : 656
تاريخ التسجيل : 14/03/2013
| | موضوع: رد: Pardons issue الجمعة يونيو 28, 2013 12:26 pm | |
| Sorry to hear that
You are welcome | |
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