Comparative Executive Clemency
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Author | : Andrew Novak |
Publisher | : Routledge |
Total Pages | : 218 |
Release | : 2015-08-20 |
Genre | : Law |
ISBN | : 131760265X |
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.
Author | : Andrew Novak |
Publisher | : Routledge |
Total Pages | : 239 |
Release | : 2015-08-20 |
Genre | : Law |
ISBN | : 1317602641 |
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.
Author | : Carol S. Steiker |
Publisher | : Edward Elgar Publishing |
Total Pages | : 441 |
Release | : |
Genre | : Law |
ISBN | : 1786433257 |
Comparative Capital Punishment offers a set of in-depth, critical and comparative contributions addressing death practices around the world. Despite the dramatic decline of the death penalty in the last half of the twentieth century, capital punishment remains in force in a substantial number of countries around the globe. This research handbook explores both the forces behind the stunning recent rejection of the death penalty, as well as the changing shape of capital practices where it is retained. The expert contributors address the social, political, economic, and cultural influences on both retention and abolition of the death penalty and consider the distinctive possibilities and pathways to worldwide abolition.
Author | : Jeffrey Crouch |
Publisher | : University Press of Kansas |
Total Pages | : 216 |
Release | : 2009-05-26 |
Genre | : Political Science |
ISBN | : 0700616462 |
Until President Gerald Ford pardoned former president Richard Nixon for the Watergate scandal, most members of the public probably paid little attention to the president's use of the clemency power. Ford's highly controversial pardon of Nixon, however, ignited such a firestorm of protest that, fairly or unfairly, it may have cost him the presidency in 1976. Ever since, presidential pardons have been the subject of increased scrutiny and the focus of news media with a voracious appetite for scandal. This first book-length treatment of presidential pardons in twenty years updates the clemency controversy to consider its more recent uses-or misuses. Blending history, law, and politics into a seamless narrative, Jeffrey Crouch provides a close look at the application and scrutiny of this power. His book is a virtual primer on the subject, covering all facets from its background in English law to current applications. Crouch considers the framers' vision of how clemency would fit into the separation of powers as an "act of grace" or a check on injustice, then explains how the president and Congress have struggled for supremacy over the pardon power, with the Supreme Court generally deferring to the executive branch's desire for its broadest possible application. Before the modern era, presidents rarely interfered in the justice system to protect aides from prosecution, and Crouch examines some of the more controversial pardons in our history, from the Whiskey rebels to Jimmy Hoffa. In the wake of Watergate, he shows, the use of presidential pardons has become more controversial. Crouch assesses whether independent counsel investigations and special prosecutors have prompted the executive to use the pardon as a weapon in interbranch political warfare. He argues that the clemency power has been misused by recent presidents, who have used it to protect themselves or their subordinates, or to reward supporters. And although he concedes that Ford's pardon of Nixon reflected the framers' concerns about preserving government in a time of crisis, he argues that more recent cases involving the Iran-Contra conspirators, commodities trader Marc Rich, and vice-presidential chief-of-staff "Scooter" Libby have demonstrated a disturbing misapplication of power. In fleshing out these misuses of clemency, Crouch weighs the pros and cons of proposed amendments to the pardon power, one of the few powers that are virtually unlimited in the Constitution. The Presidential Pardon Power takes up a key issue in debates over the imperial presidency and urges that public and scholars alike pay closer attention to a dangerous trend.
Author | : Daniel Pascoe |
Publisher | : Routledge |
Total Pages | : 253 |
Release | : 2020-07-30 |
Genre | : Law |
ISBN | : 1000082253 |
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.
Author | : Daniel Pascoe |
Publisher | : Oxford University Press, USA |
Total Pages | : 369 |
Release | : 2019 |
Genre | : Law |
ISBN | : 0198809719 |
Clarendon Studies in Criminology aims to provide a forum for outstanding empirical and theoretical work in all aspects of criminology and criminal justice, broadly understood. The Editors welcome submissions from established scholars, as well as excellent PhD work. The Series was inaugurated in 1994, with Roger Hood as its first General Editor, following discussions between Oxford University Press and three criminology centres. It is edited under the auspices of these three criminological centres: the Cambridge Institute of Criminology, the Mannheim Centre for Criminology at the London School of Economics, and the Centre for Criminology at the University of Oxford. Each supplies members of the Editorial Board and, in turn, the Series Editor. Book jacket.
Author | : Jay S. Albanese |
Publisher | : |
Total Pages | : |
Release | : 2014 |
Genre | : Criminal justice, Administration of |
ISBN | : 9781118517383 |
"Comprising over 500 entries on the essential topics and informed by the latest theory and research, this innovative reference resource offers a state-of-the-art survey of the fields of criminology and criminal justice. It combines this breadth of coverage with the authority and international perspective of an experienced editorial team, creating a definitive reference resource for students, scholars, and professionals."--Publisher's description.
Author | : David Nelken |
Publisher | : SAGE |
Total Pages | : 129 |
Release | : 2010-04-22 |
Genre | : Social Science |
ISBN | : 144624833X |
David Nelken is the 2013 laureate of the Association for Law and Society International Prize The increasingly important topic of comparative criminal justice is examined from an original and insightful perspective by David Nelken, one of the top scholars in the field. The author looks at why we should study crime and criminal justice in a comparative and international context, and the difficulties we encounter when we do. Drawing on experience of teaching and research in a variety of countries, the author offers multiple illustrations of striking differences in the roles of criminal justice actors and ways of handling crime problems. The book includes in-depth discussions of such key issues as how we can learn from other jurisdictions, compare ′like with like′, and balance explanation with understanding – for example, in making sense of national differences in prison rates. Careful attention is given to the question of how far globalisation challenges traditional ways of comparing units. The book also offers a number of helpful tips on methodology, showing why method and substance cannot and should not be separated when it comes to understanding other people′s systems of justice. Students and academics in criminology and criminal justice will find this book an invaluable resource. Compact Criminology is an exciting series that invigorates and challenges the international field of criminology. Books in the series are short, authoritative, innovative assessments of emerging issues in criminology and criminal justice – offering critical, accessible introductions to important topics. They take a global rather than a narrowly national approach. Eminently readable and first-rate in quality, each book is written by a leading specialist. Compact Criminology provides a new type of tool for teaching, learning and research, one that is flexible and light on its feet. The series addresses fundamental needs in the growing and increasingly differentiated field of criminology.
Author | : J. S Appel |
Publisher | : |
Total Pages | : 48 |
Release | : 1894 |
Genre | : Pardon |
ISBN | : |
Author | : Robert Hazell |
Publisher | : Bloomsbury Publishing |
Total Pages | : 345 |
Release | : 2022-11-03 |
Genre | : Law |
ISBN | : 1509951466 |
This book considers the function of the royal prerogative in the changing landscape of the British constitution. It explains each of the prerogative powers in separate chapters. It clarifies the respective roles of government, Parliament and the courts in defining the extent of prerogative powers, and in regulating their use. It also looks at which powers should be codified in statute, which should be regulated by convention, and which could be left at large. The book is very timely in contributing to current debates. The fevered parliamentary debates over Brexit thrust the prerogative centre-stage. Recent controversies have ranged from the role of Parliament in assenting to treaties, to the prorogation and dissolution of Parliament, to the grant or withholding of royal assent to bills. In their 2019 election manifesto, the Conservative Party stated that 'After Brexit we also need to look at the broader aspects of our constitution, the relationship between the Government, Parliament and the courts; the functioning of the Royal Prerogative...'. The book covers the whole range of prerogative powers, from going to war and ratifying treaties, appointing and dismissing ministers, regulating the civil service and public appointments, to the grant of honours and pardons and the issue of passports. Its 19 chapters provide a comprehensive guide to the operation of the prerogative – past, present, and future – together with suggestions for reform.