dbo:abstract
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- A federal pardon in the United States is the action of the President of the United States that completely sets aside the punishment for a federal crime. The authority to take such action is granted to the president by the U.S. Constitution. A pardon is one form of the clemency power of the president, the others being commutation of sentence, remission of fine or restitution, and reprieve. A person may decide not to accept a pardon, in which case it does not take effect, according to a Supreme Court majority opinion in Burdick v. United States. In 2021, the 10th Circuit ruled that acceptance of a pardon does not constitute a legal confession of guilt, recognizing the Supreme Court’s earlier language as dicta. Under the Constitution, the president's clemency power extends to all federal criminal offenses, except in cases of impeachment. All requests for executive clemency for federal offenses are normally directed to the Office of the Pardon Attorney in the U.S. Department of Justice for investigation and review, but the president may bypass that office. President Donald Trump frequently issued pardons and commutations after conferral with his White House staff, though clemency was granted to some applicants through the Office of the Pardon Attorney. The president's pardon power is limited to federal offenses; the Constitution only grants the president the power to pardon "[o]ffenses against the United States." An offense that violates state law, but not federal law, is an offense against that state rather than an offense against the United States. The full extent of a president's power to pardon has not been fully tested. Pardons have been used for presumptive cases, such as when President Gerald Ford pardoned Richard Nixon, who had not been charged with anything, over any possible crimes connected with the Watergate scandal, but the Supreme Court has never considered the legal effect of such pardons. There is disagreement about how the pardon power applies to cases involving obstructions of an impeachment. Also, the ability of a president to pardon themselves (self-pardon) has never been tested in the courts, because, to date, no president has ever taken that action. There has also been speculation as to whether secret pardons are possible. (en)
- 美国总统特赦是指美国总统对犯有(不包括違反州法律)的犯人的特赦。美国宪法第二条第2款第1项授予总统擁有特赦的权力。如果被赦免人不接受赦免,那麼總統特赦不會生效。总统能否赦免自己(自我赦免)則存在爭議。 (zh)
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rdfs:comment
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- 美国总统特赦是指美国总统对犯有(不包括違反州法律)的犯人的特赦。美国宪法第二条第2款第1项授予总统擁有特赦的权力。如果被赦免人不接受赦免,那麼總統特赦不會生效。总统能否赦免自己(自我赦免)則存在爭議。 (zh)
- A federal pardon in the United States is the action of the President of the United States that completely sets aside the punishment for a federal crime. The authority to take such action is granted to the president by the U.S. Constitution. A pardon is one form of the clemency power of the president, the others being commutation of sentence, remission of fine or restitution, and reprieve. A person may decide not to accept a pardon, in which case it does not take effect, according to a Supreme Court majority opinion in Burdick v. United States. In 2021, the 10th Circuit ruled that acceptance of a pardon does not constitute a legal confession of guilt, recognizing the Supreme Court’s earlier language as dicta. (en)
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