Clemency
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Comparative Executive Clemency
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Author : Andrew Novak
language : en
Publisher: Routledge
Release Date : 2015-08-20
Comparative Executive Clemency written by Andrew Novak and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-20 with Law categories.
Virtually every constitutional order in the common law world contains a provision for executive clemency or pardon in criminal cases. This facility for legal mercy is not limited to a single place in modern legal systems, but is instead realized through various practices such as a law enforcement officer’s decision to arrest, a prosecutor’s decision to prosecute, and a judge’s decision to convict and sentence. Doubts about legal mercy in any form as unfair, unguided, or arbitrary are as ubiquitous as the exercise of mercy itself. This book presents a comparative analysis of the clemency and pardon power in the common law world. Andrew Novak compares the modern development, organization, and practice of constitutional and statutory schemes of clemency and pardon in the United Kingdom, United States, and Commonwealth jurisdictions. He asks whether the bureaucratization of the clemency power is in line with global trends, and explores how innovations in legislative involvement, judicial review, and executive consultation have made the mercy and pardon procedure more transparent. The book concludes with a discussion on the future of the clemency and pardon power given the decline of the death penalty in the Commonwealth and the rise of the modern institution of parole. As a work concerned with the practice of mercy in the common law world, this book will be of great interest to researchers and students of international and comparative criminal justice and international human rights law.
Executive Clemency
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Author : Daniel Pascoe
language : en
Publisher: Routledge
Release Date : 2020-07-30
Executive Clemency written by Daniel Pascoe and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-30 with Law categories.
Nearly every country in the world has a mechanism for executive clemency, which, though residual in most legal systems, serves as a vital due process safeguard and as an outlet for leniency in punishment. While the origins of clemency lie in the historical prerogative powers of once-absolute rulers, modern clemency laws and practices have evolved to be enormously varied. This volume brings comparative and empirical analysis to bear on executive clemency, building a sociological and political context around systematically-collected data on clemency laws, grants, and decision-making. Some jurisdictions have elaborate constitutional and legal structures for pardoning or commuting a sentence while virtually never doing so, while others have little formal process and yet grant clemency frequently. Using examples from Asia, Europe, Latin America, the Caribbean, and the USA, this comparative analysis of the law and the practice of clemency sheds light on a frequently misunderstood executive power. This book builds on existing academic scholarship and expands the limited geographical scope of prior research, which has tended to focus on North America, the UK, and Australia. It relays the latest state of knowledge on the topic and employs case studies, doctrinal legal analysis, historical research, and statements by clemency decision-making authorities, in explaining why clemency varies so considerably across global legal and political systems. In addition, it includes contributions encompassing international law, transitional justice, and innocence and wrongful convictions, as well as on jurisdictions that are historically under-researched. The book will be of value to practitioners, academics, and students interested in the fields of human rights, criminal law, comparative criminal justice, and international relations.
Clemency To Brutes The Substance Of Two Sermons
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Author : Clemency
language : en
Publisher:
Release Date : 1761
Clemency To Brutes The Substance Of Two Sermons written by Clemency and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1761 with categories.
Last Chance For Life
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Author : Daniel Pascoe
language : en
Publisher: Oxford University Press, USA
Release Date : 2019-03-19
Last Chance For Life written by Daniel Pascoe and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-19 with Capital punishment categories.
An analysis of the differences in clemency practice among the Southeast Asian jurisdictions in an inductive search for patterns that explain why some countries in the region make use of clemency far more often than do others.
Justice Mercy And Caprice
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Author : Ian O'Donnell
language : en
Publisher: Oxford University Press
Release Date : 2017-11-09
Justice Mercy And Caprice written by Ian O'Donnell and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-09 with Law categories.
Justice, Mercy, and Caprice is a work of criminal justice history that speaks to the gradual emergence of a more humane Irish state. It is a close examination of the decision to grant clemency to men and women sentenced to death between the end of the civil war in 1923 and the abolition of capital punishment in 1990. Frequently, the decision to deflect the law from its course was an attempt to introduce a measure of justice to a system where the mandatory death sentence for murder caused predictable unfairness and undue harshness. In some instances the decision to spare a life sprang from merciful motivations. In others it was capricious, depending on factors that should have had no place in the government's decision-making calculus. The custodial careers of those whose lives were spared repay scrutiny. Women tended to serve relatively short periods in prison but were often transferred to a religious institution where their confinement continued, occasionally for life. Men, by contrast, served longer in prison but were discharged directly to the community. Political offenders were either executed hastily or, when the threat of capital punishment had passed, incarcerated for extravagant periods. This book addresses issues that are of continuing relevance for countries that employ capital punishment. It will appeal to scholars with an interest in criminal justice history, executive discretion, and death penalty studies, as well as being a useful resource for students of penology.
Forgiveness Mercy And Clemency
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Author : Austin Sarat
language : en
Publisher: Stanford University Press
Release Date : 2007
Forgiveness Mercy And Clemency written by Austin Sarat and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
Arguments for forgiveness, mercy, and clemency abound. These arguments flourish in organized religion, fiction, philosophy, and law as well as in everyday conversations of daily life among parents and children, teachers and students, and criminals and those who judge them. As common as these arguments are, we are often left with an incomplete understanding of what we mean when we speak about them. This volume examines the registers of individual psychology, religious belief, social practice, and political power circulating in and around those who forgive, grant mercy, or pose clemency power. The authors suggest that, in many ways, necessary examinations of the questions of forgiveness and pardon and the connection between mercy and justice are only just beginning.
Clemency
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Author : Samuel P. Stafford
language : en
Publisher:
Release Date : 1977
Clemency written by Samuel P. Stafford and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with Amnesty categories.
Rules Of The State Commission On Clemency
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Author : Indiana. State Commission on Clemency
language : en
Publisher:
Release Date : 1935
Rules Of The State Commission On Clemency written by Indiana. State Commission on Clemency and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1935 with Clemency categories.
Mercy On Trial
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Author : Austin Sarat
language : en
Publisher: Princeton University Press
Release Date : 2009-02-09
Mercy On Trial written by Austin Sarat and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-02-09 with Law categories.
On January 11, 2003, Illinois Governor George Ryan--a Republican on record as saying that "some crimes are so horrendous . . . that society has a right to demand the ultimate penalty"--commuted the capital sentences of all 167 prisoners on his state's death row. Critics demonized Ryan. For opponents of capital punishment, however, Ryan became an instant hero whose decision was seen as a signal moment in the "new abolitionist" politics to end killing by the state. In this compelling and timely work, Austin Sarat provides the first book-length work on executive clemency. He turns our focus from questions of guilt and innocence to the very meaning of mercy. Starting from Ryan's controversial decision, Mercy on Trial uses the lens of executive clemency in capital cases to discuss the fraught condition of mercy in American political life. Most pointedly, Sarat argues that mercy itself is on trial. Although it has always had a problematic position as a form of "lawful lawlessness," it has come under much more intense popular pressure and criticism in recent decades. This has yielded a radical decline in the use of the power of chief executives to stop executions. From the history of capital clemency in the twentieth century to surrounding legal controversies and philosophical debates about when (if ever) mercy should be extended, Sarat examines the issue comprehensively. In the end, he acknowledges the risks associated with mercy--but, he argues, those risks are worth taking.
Pardons
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Author : Kathleen Dean Moore
language : en
Publisher: Oxford University Press
Release Date : 1997-07-03
Pardons written by Kathleen Dean Moore and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-07-03 with Philosophy categories.
In Pardons, Kathleen Dean Moore addresses a host of crucial questions surrounding acts of clemency, including what justifies pardoning power, who should be pardoned, and the definition of an unforgivable crime. Illustrating her arguments with rich and fascinating historical examples--some scandalous or funny, others inspiring or tragic--Moore examines the philosophy of pardons from King James II's practice of selling pardons for two shillings, through the debates of the Founding Fathers over pardoning power, to the record low number of pardons during recent U. S. administrations. Carefully analyzing the moral justification of clemency, Moore focuses on presidential pardons, revealing that over and over again--after the Civil War, after Prohibition, after the Vietnam War, and after Watergate--controversies about pardons have arisen at times when circumstances have prevented people from thinking dispassionately about them. Her groundbreaking study concludes with recommendations for the reform of presidential pardoning practices.