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Pardon

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.[1][2]

For other uses, see Pardon (disambiguation).

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. 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 who 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.

By country[edit]

Australia[edit]

In Australia, the pardon power is referred to as the royal prerogative of mercy,[3] an executive power that is vested in the King and may be exercised by the governor-general.[4] The prerogative of mercy is a broad discretionary power that may be exercised by a state governor who is acting on the advice of the state executive council and the state attorney general.[5] Courts in Australia may also exercise their traditional power to exercise mercy when the circumstances of the defendant or offense warrant relief.[6]


In addition to the prerogative of mercy, Australia has passed legislation that creates additional avenues to seek a pardon, exoneration, reduced sentence,[7] or conditional release.[8][9]

Clemency

Amnesty

is the provisional early release of a prisoner who agrees to abide by imposed behavioral conditions, generally including periodic check-ins with parole officers. Failure to comply with the terms of early release may result in reincarcertion.

Parole

: The process by which the record of a criminal conviction is destroyed or sealed from the official repository, thus removing any traces of guilt or conviction.

Expungement

: A prosecutor may grant immunity, usually to a witness, in exchange for testimony or production of other evidence. The prosecutor (conditionally) agrees not to prosecute a crime that the witness might have committed in exchange for said evidence. For example, a car thief who witnesses a murder might be granted immunity for his crime as an inducement to identify, and perhaps to truthfully testify against the murderer. Some criminals who testify for the prosecution may be offered immunity from prosecution for their own crimes.[64]

Immunity from prosecution

These terms differ subtly from country to country, but generally:[62]

 – Pardons for acts of piracy

Acts of grace (piracy)

Ius strictum

International Center for Transitional Justice, Criminal Justice page