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originally posted by: Sillyolme
a reply to: queenofswords
"A pardon reaches both the punishment prescribed for the offense and the guilt of the offender; and when the pardon is full, it releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offense
ir.lawnet.fordham.edu...
YES IT DOES
In addition, it has been argued that an acceptance of a pardon only may be to avoid the expense, trauma and other side effects of a criminal proceeding so that its acceptance is not inconsistent with a position of innocence.
originally posted by: RelSciHistItSufi
a reply to: EndtheMadnessNow
Kilmurry is in low south of Ireland, near Cork (where my grandmother was born):
Kilmurry - googlemaps
There is also a Kilmurry Hill Rd, in Pfafftown, North Carolina.
This baptism records 1800s also shows some interesting family names in the current context:
Lynch, Brennan, Ryan, Kelly, MCarthy, Crowley, Clooney, Carney, Conway, Cavanagh.
Kilmurry is less than 50 houses now (goog sat pic).
Those baptism records are from 180 to 130 yrs ago - that's a massive hit rate on surnames for basically a village!!!
originally posted by: Sillyolme
a reply to: queenofswords
"A pardon reaches both the punishment prescribed for the offense and the guilt of the offender; and when the pardon is full, it releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offense
ir.lawnet.fordham.edu...
YES IT DOES
Legal authorities, then, are split on the subject of how the law should understand pardons; but because some pardons are understood as being based on the pardoned person's factual innocence, I doubt that any judge today would genuinely view acceptance of pardon as always being an admission of guilt. And my sense (though I realize that it might be mistaken) is that most people's moral judgment today would be that, even if a pardon is offered just as a gesture of mercy and not as exoneration, the recipient may honorably accept it even if they continue to deny their factual guilt or their moral guilt.
A preemptive pardon is contradictory to the constitution and has not really been challenged in a meaningful way.
Accordingly, the Constitution simply provides that the President ''shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment'' (Article II, section 2).
The leading Supreme Court case is Ex parte Garland (1867). Justice Stephen J. Field, writing for the Court in a 5-4 decision, held that the President's pardoning power is ''unlimited,'' and ''It extends to every offense known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken, or during their pendency, or after conviction and judgment.''
originally posted by: RelSciHistItSufi
My phone pinged to say there's been a 7.0 Mag earthquake in Alaska... is that unusual? Anchorage known for earthquakes?
originally posted by: RelSciHistItSufi
My phone pinged to say there's been a 7.0 Mag earthquake in Alaska... is that unusual? Anchorage known for earthquakes?
originally posted by: RelSciHistItSufi
My phone pinged to say there's been a 7.0 Mag earthquake in Alaska... is that unusual? Anchorage known for earthquakes?
''It extends to every offense known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken, or during their pendency, or after conviction and judgment.''