Open AccessFEDERALNE PRAWO ŁASKI W STANACH ZJEDNOCZONYCH AMERYKI
Author(s) -
Wojciech Kwiatkowski
Publication year - 2016
Publication title -
zeszyty prawnicze
Language(s) - English
Resource type - Journals
eISSN - 2353-8139
pISSN - 1643-8183
DOI - 10.21697/zp.2015.15.3.04
Subject(s) - impeachment , presidential system , law , conviction , political science , supreme court , executive power , power (physics) , constitution , punitive damages , politics , physics , quantum mechanics
United States Federal Executive ClemencySummaryThe article relates to the core principles underlying federal executiveclemency as an act that mitigates the punitive consequences resultingfrom a criminal conviction. Presidential clemency is also the least appreciated and most misunderstood of presidential powers – the Constitutionplaces no limits on the way the President exercises his power to pardon,except in cases of impeachment.The article gives a historical overview of the power of clemency in theU.S. Constitution. It also examines the evolution of the Supreme Court’sviews on clemency over the years, both substantively and procedurally,and how the Court has interpreted the power to grant pardons, conditional pardons, as well as amnesties, commutations of sentence, remissions of fines and forfeitures, and respites. It discusses the procedurefor clemency, including the role of the Pardon Attorney, and concludeswith a proposal of certain reforms to reinvigorate the federal pardonprocess and restore its moral force.