header-logo header-logo

11 July 2019 / Athelstane Aamodt
Issue: 7848 / Categories: Features , Constitutional law
printer mail-detail

Begging your pardon

In the UK, it is the courts & not the government that determines a person’s guilt, explains Athelstane Aamodt

Every Thanksgiving, the president of the United States ‘pardons’ a turkey. Unsurprisingly, there is no enumerated power for the president to do so in the US Constitution; it is merely a tradition.

The president does, however, have the power to pardon people; at Art II, s 2 of the US Constitution, it states that ‘... he [the President] shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.’ This power to reprieve and pardon has been used to varying degrees by presidents; Barack Obama pardoned 212 people and commuted the sentences of 1,715 people, although this pales into insignificance when compared with Andrew Johnson (Lincoln’s successor as president), who pardoned over 8,000 people—most of them ex-Confederates, including Jefferson Davis.

The president’s powers under the constitution are broad, and attempts to have the courts interfere have proved almost entirely unsuccessful. The Supreme Court has held that the president’s

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll