Suudy
Active member
I gave you an answer. You don’t like it, and that’s fine. If you want to ask a different question, I’m happy to engage.ask you again.
I gave you an answer. You don’t like it, and that’s fine. If you want to ask a different question, I’m happy to engage.ask you again.
Indeed, some pardons expressly state that they are based on the pardoner’s decision that the defendant was actually innocent; and some legal rules expressly contemplate that — consider, for instance, the federal statute that provides for compensation of the unjustly convicted, which allows a plaintiff to prevail by showing (among other things) “that he has been pardoned upon the stated ground of innocence and unjust conviction.” UPDATE: The Justice Department Standards for Consideration of Clemency Petitioners also expressly contemplate the possibility of “pardon on grounds of innocence or miscarriage of justice,” though they unsurprisingly note that such applicants “bear a formidable burden of persuasion” (since the Justice Department’s strong presumption is that people convicted in federal court were indeed justly convicted).There are not only various gradations of guilt in the commission of the same crime, which are not susceptible of any previous enumeration and definition; but the proofs must, in many cases, be imperfect in their own nature, not only as to the actual commission of the offence, but also, as to the aggravating or mitigating circumstances. In many cases, convictions must be founded upon presumptions and probabilities.
Would it not be at once unjust and unreasonable to exclude all means of mitigating punishment, when subsequent inquiries should demonstrate, that the accusation was wholly unfounded, or the crime greatly diminished in point of atrocity and aggravation, from what the evidence at the trial seemed to establish? A power to pardon seems, indeed, indispensable under the most correct administration of the law by human tribunals; since, otherwise, men would sometimes fall a prey to the vindictiveness of accusers, the inaccuracy of testimony, and the fallibility of jurors and courts.
That’s a gross overgeneralization. Here is an example of a rapist who went on to live a holy life.There are no rapists and pedophiles that have gone on to live holy lives.