The Concept of the Pardon

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Concept of Crime and Punishment :Brief Outline

How to pronounce Pardon? Alex US English. Daniel British. Karen Australian. Veena Indian. How to say Pardon in sign language? Voltaire : Love truth, and pardon error. Francois Marie Arouet Voltaire : Love truth, but pardon error.

Comey Giuliani : He's not going to pardon himself. Francis of Assisi : Where there is injury let me sow pardon. Popularity rank by frequency of use Pardon Select another language:. Powered by CITE. While laws vary by state, a pardon request usually needs to be accompanied by a lengthy period of exemplary behavior and a reference check. Generally, the more serious the crime, the longer the time requirement for excellent behavior. There are few standards or checks on the exercise of the power to pardon.

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A common reason used in granting pardons is to mitigate disproportionate sentencing, especially between participants in the same criminal act or those convicted in the same jurisdiction. Some governors are against using pardons in this manner because they believe it usurps the discretion of the sentencing judge.

Pardon Power

President Carter commuted the twenty-year sentence of Watergate conspirator G. Gordon Liddy after four years and three months because Liddy had served much more time than more significant figures like John Mitchell. However, the Supreme Court has held that proportionality in imposing the death penalty is not a constitutional requirement. While pardons are typically given to persons who have been incarcerated for felonies, they may be issued for misdemeanors in some cases. Laws governing pardons vary by state, so local laws should be consulted. The following is an example of a state governor's statement regarding pardons:.

A pardon will not be granted unless it has been earned.

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Obtaining a pardon is a distinct achievement based upon proof of a useful, productive, and law-abiding life following conviction. The Governor has complete discretion in deciding whether to grant a pardon.

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Delay is inherent in the process of initiating a trial, plotting a coup or planning a military campaign. Waiting for an enemy to become weaker is a good reason to delay, and the culture of the Principate was redolent with dissimulation and distrust. Informers and imperial favourites often become vulnerable in subsequent reigns.

Prosecution of such people then may give access to records of maiestas trials from previous reigns Ann. Under Nero, Claudius's infamous prosecutor, Suillius, was accused of various offences, tried, convicted and exiled. Silana would not have tried to avenge herself upon Agrippina in 55 in the way that she did if the latter was still Claudius's wife. Catualda waited until Maroboduus's power was broken before launching an attack.

The mutineers amongst the German legions in 14 had to wait until the breakdown of order engendered by the mutiny to repay the injuries they had suffered from centurions Ann. Other notices of how revenge was sought place less emphasis on deviousness and delay. Agrippina demanded an interview with Nero to position herself for revenge against her accusers. Her own mother had taken measures to maximise sympathy for herself as a new widow as a means of ensuring that the "murderers" of Germanicus would pay.

Similarly, Sulpicia Praetexta, wife of M. Crassus executed in 61, and her four children, appeared in the senate to encourage prosecution of her husband's destroyer Hist. An emperor can, however, try to seek to avoid odium by ordering those from whom he wants revenge to be hounded or prosecuted by a henchman. Or he can expect it to be delivered by a compliant senate. The means and the end of vengeance are indistinguishable when one only hears of the killing or assaults on unpopular centurions during a mutiny, or when the rebellious Britons under Boudicca use a variety of cruel methods on their Roman oppressors.

If vengeance is presumed to enjoy divine sanction, then supernal powers may aid one's quest. Vibius Serenus calls upon ultores deos to deal with the son who prosecuted him for treason Ann. Another commander Cerealis states that Roman history and tradition demand vengeance from enemies and that the gods will help achieve it Hist. Boudicca thinks the gods will help the Britons exact vengeance from the Romans Ann.

Forms of revenge in Tacitus given 38 times , partly foreshadowed above, include successful prosecutions of informers from a previous reign or of extortionate officials by provincials, and execution of alleged plotters. Words for revenge and the denial of pardon cluster around the death of Germanicus and the prosecution of Piso [ 32 ].

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  7. After the trial of Piso in 20, in thanking the imperial family for their services, Valerius Messalinus sees the outcome as a success for vindicta , not justice: Ann. Tacitus concludes the episode with the words is finis fuit in ulciscenda Germanici morte Ann. Victory in battle, plunder of a city, invasion of territory and overthrow of an abusive ruler are forms of revenge for those who have previously suffered a defeat or oppression, or who have taken on a filial duty, such as Octavian pursuing Caesar's assassins.

    Agrippina is able to get Silana and her clients exiled for trumping up charges against her. The Parthian king Artabanus poisons Abdus for conspiring against him. Those of the elite who suffer from the insolence of the rabble get them convicted and imprisoned.

    Pardon - New World Encyclopedia

    Strong-arm action by troops against pro-Octavia demonstrators is described by Poppaea as iusta ultio Ann. Ammianus' four references to the method by which revenge is sought are force of arms, Roman soldiers making demands, handing a plotter and his closest associates over to general Dulcitius, and "many formidable means" Forms of revenge in Ammianus given 11 times , like Tacitus, include military victory and invasion, execution and poisoning, dismissal from office and prosecution, but also transferral to remote places, looting, inflicting lashes, cutting off hands or compelling to run a gauntlet.

    It is less often possible to distinguish the means of seeking and the actual form of revenge in Ammianus. Something of Tacitus's worldview emerges from observations that it is easier to repay injury than kindness, and that the gods care more about revenge than human welfare. He notes that soldiers are naturally keen to avenge the hardships of a guerilla war and that people can take sides on a matter according to whether or not they fear vengeance from others. Thus, Helvidius Priscus's revenge-driven prosecution of the Neronian delator Eprius Marcellus was, says Tacitus, arguably a blow for justice but too many complicit senators feared they too might have to pay if Priscus succeeded.

    The case failed Hist. In the vendettas unleashed against informers in 70, only Egnatius Celer was convicted [ 33 ]. When Tiberius declares that it was the Roman way to exact vengeance from enemies on the battlefield, not by poisoning their leaders Ann. In different circumstances, however, Tacitus approves of Corbulo's successful plot to assassinate the German pirate and onetime auxiliaris , Gannascus.

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    As a deserter and traitor he deserved no better Ann. Moving from authorial comment to the thoughts, motives and actual behaviour of participants, only someone overwhelmingly more powerful and secure in that belief need not fear the vengeance of those they have harmed [ 34 ]. This fear of revenge from those you have injured is plausibly attributed to the people of Cologne for having harmed the Germans in their midst, to Nero for having tried, so far unsuccessfully, to kill Agrippina, to Sejanus for having tried to usurp Drusus's power, to vulnerable Romans for their crimes against Britons, and to the son of Vibius Serenus for prosecuting his father.

    The governor of Upper Germany, Pomponius Secundus, expects the defeated Chatti to be eager for revenge and deploys his forces in expectation of their attack Ann. King Rhescuporis fears vengeance from Augustus for violating arrangements the latter made for the Thracian client kingdom. The prospect of vengeance from Claudius quickly brings the Messalina-Silius wedding revellers to their senses.

    Junius Silanus is presumed to want vengeance upon Agrippina for having his brother killed and Britannicus upon those responsible for his mother's death. Tigellinus accuses Faenius Rufus of wanting to avenge his patron and benefactor, Agrippina Ann. The SC Silanianum of 57 threatened the vengeance of the state upon slaves and freedmen if a master was killed by a slave Ann. Also with the future in mind, Vitellius tried to protect his power by making clear that assassins of emperors could face what he exacted from Galba's assassins Hist.

    We are told that those who had falsely claimed credit for Galba's death were undeterred by the prospect of revenge, or rather, posthumous retribution. They miscalculated. Anger and resentment can lie so deep that rebel Britons pursue vengeance even though they know they will pay for it later [ 35 ]. To witness the exaction of revenge from an informer is a mixed pleasure when the prosecutor was also an informer, or when the seeker after revenge is as bad a man as the one he targets, or is thought to be aiming more at fama and gloria.

    At the conclusion of the trial of Piso, Tiberius vetoed the addition of a gold statue and altar of Vengeance to the temple of Mars Ultor in order to distance the trial from Augustus's pursuit of Caesar's assassins, when private motives for revenge competed strongly and perhaps too overtly with public ones [ 36 ].

    The sweetness of revenge does not have to be spelt out but it surfaces when people express their satisfaction at its achievement, as Valerius Messalinus did at the end of Piso's trial, and in 24, when Asiatic cities appreciatively voted temples for the vengeance ultio gained when an extortionate governor was condemned the previous year vindicatum erat , Ann. However, vengeance against foreign enemies was judged by different criteria.

    Premature death prevented the elder Theodosius from exacting a proper vengeance from the Quadi and Sarmatians. Julian was right to seek it from Sarmatians and Persians. He showed loftiness of spirit in determining to redress the many injuries Persia had inflicted on Rome.

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