Criminal procedure: Post-sentencing: Pardon - podcast episode cover

Criminal procedure: Post-sentencing: Pardon

Aug 12, 202117 minSeason 11Ep. 15
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Episode description

A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction.

Pardons can be granted in many countries when individuals are deemed to have demonstrated that they have "paid their debt to society” or are otherwise considered to be deserving of them. Pardons are sometimes offered to persons who were either wrongfully convicted or who claim that they were wrongfully convicted. In some jurisdictions of some nations, accepting a pardon may implicitly constitute an admission of guilt; the offer is refused in some cases. Cases of wrongful conviction are in recent times more often dealt with by appeal rather than by pardon; however, a pardon is sometimes offered when innocence is undisputed in order to avoid the costs that are associated with a retrial. Clemency plays a critical role when capital punishment exists in a jurisdiction.

Pardons are sometimes seen as a mechanism for combating corruption, allowing a particular authority to circumvent a flawed judicial process to free someone that is seen as wrongly convicted. Pardons can also be a source of controversy. In extreme cases, some pardons may be seen as acts of corruption by officials in the form of granting effective immunity as political favors.

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