General Question

Ltryptophan's avatar

Can the President, or Governor make a get out of jail free card for someone before they are even charged?

Asked by Ltryptophan (12091points) October 20th, 2010 from iPhone

Or…

What are the limits of executive pardon?

In The Three Musketeers, Cardinal Richelieu makes one such letter. Which then changes hands.

Can this happen with a modern pardon, or are pardons strictly post conviction matters?

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9 Answers

wundayatta's avatar

Yes, there can be preemptive pardons. According to the cited article in Slate.com,

In 1866, the Supreme Court ruled in Ex parte Garland that the pardon power “extends to every offence 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.” (In that case, a former Confederate senator successfully petitioned the court to uphold a pardon that prevented him from being disbarred.) Generally speaking, once an act has been committed, the president can issue a pardon at any time—regardless of whether charges have even been filed.

Aesthetic_Mess's avatar

@wundayatta is right. It’s even in a song a death row pardon, two minutes too late. I know that isn’t sufficient evidence, but there are preemptive pardons.

CyanoticWasp's avatar

It’s uncommon, and potentially a minefield for the executive who does it—it probably kept Gerald Ford from being elected President in 1980, after pardoning Nixon before any charges were laid—but it “can be” done. I think because of the dearth of examples before us, it’s plain to see that it’s an extraordinary measure.

CMaz's avatar

So OJ could have been pardoned?

I would have loved to see that. California would have burned to the ground.

Nullo's avatar

Related, but perhaps ultimately different, is the license to kill. There may or may not be such a thing.

CMaz's avatar

“There may or may not be such a thing.”

There is. Just join the military.

Even James Bond had to follow rules.

sigung's avatar

While the responses so far are correct and even spot on with respect to the powers of the President, the question refers to the powers of a Governor. In general, there are about 30 plus states where Governors do not enjoy the pardon power. Nevada is one such state. The Governor is the chair of the Paroles and Pardons Commission but does not have the sole power to grant pardons and reprieves (known as clemency). Where the governor of a state does possess these powers, there is virtually no limit to them. However, it is a political non-starter to pardon or grant clemency to a convicted criminal where there are no mitigating or extenuating circumstances. These powers are granted to the Executive in order to mitigate the effects of unjust jury verdicts or excessive sentencing. Clemency is not like a pardon, as clemency does not wipe out the conviction for the crime committed, but merely eliminates the balance of the penalty or eliminates it altogether.

Ltryptophan's avatar

So the question is asking whether a either of these officials could make a standing offer of pardon, in advance of indictment.

Ltryptophan's avatar

In advance of the crime.

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