The Power Of Pardon Essay
INTRODUCTION
An important function of the President and the Governors of States under the Constitution is the power to pardon. This paper seeks to delve into a study of this power by examining some of the problematic issues that it poses.
HISTORICAL DEVELOPMENT OF THE POWER TO PARDON
The concept of pardon as enshrined in the Indian Constitution can most realistically be said to be derived from the British tradition of granting mercy. Granting mercy has historically been the personal prerogative of the Crown, exercised by the monarch on the basis of advice from the Secretary of State for the Home Department. This practice is based on the understanding that the sovereign possesses the divine right and hence, can exercise this prerogative on the ground of
…show more content…
Two points of comparison that may be understood from the Articles 72 and 161 might be stated as: firstly, the power of the President to grant pardon extends to the power of pardon to sentences granted by a Court Martial,whereas there is no comparable power vested in the Governor of any state. Secondly, the President is expressly granted the power to consider all cases where the sentence of death has been granted. At this point, it is essential to note that a combined reading of Articles 72 and 161 shows that the pardoning powers of the President and the Governor are overlapping – which means that, cases concerning matters to which the official force of the Representative develops and which have brought about the sentence of death – has been considered by the designers of the Constitution. In any case, the Constitution guarantees that the President is better than the Senator while allowing exculpations to people sentenced for such cases. Article 72(3) has the impact
John Sassamon Case Analysis
710 Words | 3 PagesAlthough the New England Indians felt that law and justice were, “a personal and clam mater and did not involve a third party of an impersonal public institution or ‘state’” (p. 67), the law of England defined murder as, “an offence against the state, not a private matter between two groups of people” (p. 70), thus the jurisdiction of the General Court was fair to the defendant’s case.
Essay On Gideon Fifth Amendment
735 Words | 3 PagesWinston Vazquez III: 6th Amendment Clarence Earl Gideon was a drifter who was very poor and had only an eighth-grade education. On the third day of June 1961, Gideon was charged and then arrested for stealing fifty dollars and a couple of drinks from the Pool House, which was a pool hall/bar. When Gideon was tried in court, he made a request for a lawyer because he did not have enough money to afford one. When Gideon requested a lawyer, he was denied by judge Henry Grady Cochran, who retired during the case and was replaced by Louie Lee Wainwright.
The Pardoner's Tale Vs Pardoners Tale Essay
1189 Words | 5 PagesWinning the Meal Which one is the better tale “The Wife of Bath’s Tale” or “The Pardoner’s Tale?” The Canterbury Tales by Geoffrey Chaucer is a very well known story in the medieval time. In The Canterbury Tales during the spring a group gathers and wants to go on a pilgrimage to Canterbury where they will find the shrine of Saint Thomas a Beckert. On their journey they stayed at a high class inn called The Tabard, where they found an innkeeper who wanted to join them on their journey to Canterbury.
Texas Railroad Commission Research Paper
595 Words | 3 PagesPardoning Power of Governor The Pardoning Power of the Governor of Texas is able to grant forgiveness for a criminal’s actions with the written recommendation from the Board of Pardons and Paroles. If the governor and the board grant clemency, then the person convicted is pardoned complete innocence. 8. Major Bill 9.
Bill Of Rights And The 6th Amendment Essay
577 Words | 3 PagesThe Bill of Rights 6th Amendment In the United States there are rights that have been established, and has been there in place for a long time now. There are some people that break the laws and commit crimes, these individuals will end up being arrested and will eventually have their case heard before a Judge. In fact, these individuals are called the accused. There are presumed innocent until proven guilty, in the United States Governments.
Essay On Fifth Amendment
505 Words | 3 PagesThe procedurals rights for The Fourth Amendment is freedom from unreasonable search and seizures without warrant or probable cause, a judge sign warrants only if it stipulates that the concerning area or material articles and particular persons are seized. Searches are the intrusion into an individual home, business, or property by law enforcement officers to prove with evidence the crime committed. A seizure is when investigators conduct a search of a person's property and confiscate any significant evidence to the crime in violation of the criminal law (Bohm & Haley, 2011). There are two kinds of search and seized warrants the Fourth Amendment permits according to the Supreme Court, those made without or with a warrant. A warrant
A Death Of One's Own Movie Analysis
642 Words | 3 PagesThe ethical principle of autonomy provides for respect for the patient’s autonomy to make decisions and choices concerning their life and death. Respecting the patient’s autonomy goes against the principles of beneficence and non-maleficence. There also exists the issue of religious beliefs the patient, family, or the caretaker holds, with which the caretaker has to grapple. The caretaker thus faces issues of fidelity to patient welfare by not abandoning the patient or their family, compassionate provision of pain relief methods, and the moral precept to neither hasten death nor prolong life.
Equity And Rule Of Law: Is Equity More Determinate
894 Words | 4 PagesThroughout the 13th and 14th centuries, the judges in England created the ‘Common Law’ which was a system based on strict rules and precedents. However, this dependence on judicial precedents resulted in Common Law becoming rigid and restrictive. Hence, litigants who were unable to obtain a remedy or who found the result produced under the Common Law System harsh, petitioned to the King. Due to a large number of petitions made to the King, the duty to deal with these petitions was then transferred to the Lord Chancellor who was known as the ‘Keeper of the King’s conscience’.
Essay On Plea Bargain
809 Words | 4 PagesThis year has been a difficult year for the criminal justice system of Texas. From the multiple police brutality incidents to people dying police custody that shouldn’t. With the one of the highest percentage of its citizens incarcerated, we can start to see why people feel like the Texas Criminal Justice system has failed them. The plea bargain is just one example that the people feel like the justice system has failed them. I personally feel that even with all of Texas Criminal Justice system’s faults, I feel like Texans can come together to make the necessary changes to make better adapted to the newer generations morals.
Allegory In The Pardoner's Tale
571 Words | 3 Pages1.) a.) An allegory is a story which characters, settings, and events stand for moral concepts. Allegories contain meanings that are symbolic and literal. “The Pardoner’s Tale” is an allegory because the 3 rioters believe in death actually behind the tree.
Symbolism In The Pardoner's Tale
402 Words | 2 Pages“The Pardoner’s Tale” by Geoffrey Chaucer, the three rioters originally planned to travel to kill Death. After traveling less than half a mile, The three rioters met a poor, old man; the old man told them where they could find Death. The three rioters followed his directions and found not Death but a pot of gold coins under a tree. After, discovering the gold coins, they secretly plotted to kill each other, hoping to keep the treasure to only himself. Because of this, the role of the gold coins acted as the source and main cause of their death.
Essay On Unjust Law
1666 Words | 7 PagesMen make laws to instill order in a society and prevent chaos in any shape or form. Naturally, laws will always be somewhat unjust because it is impossible to consistently construct laws that directly and equally benefit all members of a society. There will always be a majority that makes the laws and a minority that has to obey the laws. Although laws are usually the standard of morality by which we live by, they must be disobeyed in certain situations. These situations are, but not limited to, an undemocratic formation of aforementioned laws, laws that are inherently unjust according to human law which can be synonymous with God’s law.
Justice In The Merchant Of Venice
1196 Words | 5 PagesBut mercy is above this sceptered sway. It is enthroned in the hearts of kings; It is an attribute to God Himself; And earthly power doth then show likest God 's When mercy seasons justice.
Obligated To Obey Unjust Laws Essay
870 Words | 4 PagesAre we obligated to obey unjust laws? Laws are important because they are guidelines for a state. Without laws citizens would not know how to act and cause harm to others. Laws are aimed at common good and keep a society together and functioning.
Break The Law Essay
808 Words | 4 PagesAs a member of society, there will be times where we would need to break the law in an important occasion. The laws were made for our society to be safe and they also serve as a protection of an individual’s rights. Laws prevent people from getting hurt or getting into situations they might regret later in their lives. But there will be scenarios where we would need to break the law for our protection, protection of our family, or in a state of an emergency. Breaking the law would be acceptable if lives are in danger or to prevent an even more serious law being made.
More about The Power Of Pardon Essay
John Sassamon Case Analysis
710 Words | 3 PagesEssay On Gideon Fifth Amendment
735 Words | 3 PagesThe Pardoner's Tale Vs Pardoners Tale Essay
1189 Words | 5 PagesTexas Railroad Commission Research Paper
595 Words | 3 PagesBill Of Rights And The 6th Amendment Essay
577 Words | 3 PagesEssay On Fifth Amendment
505 Words | 3 PagesA Death Of One's Own Movie Analysis
642 Words | 3 PagesEquity And Rule Of Law: Is Equity More Determinate
894 Words | 4 PagesEssay On Plea Bargain
809 Words | 4 PagesAllegory In The Pardoner's Tale
571 Words | 3 PagesSymbolism In The Pardoner's Tale
402 Words | 2 PagesEssay On Unjust Law
1666 Words | 7 PagesJustice In The Merchant Of Venice
1196 Words | 5 PagesObligated To Obey Unjust Laws Essay
870 Words | 4 PagesBreak The Law Essay
808 Words | 4 Pages