4 ms·

In fact, part of accepting a pardon is accepting guilt. That can particularly be consequential if there is a civil case associated with the criminal charges.

In fact, part of accepting a pardon is accepting guilt. That can particularly be consequential if there is a civil case associated with the criminal charges. For example, if I'm charged with drunk driving and I run into someone's house, by accepting a pardon I have to admit that I'm guilty of drunk driving which the home owner can then use in their civil suit to extra money for the damage I caused. This is part of the reason why people will sometimes not accept a pardon.

rootusrootus 4mo ago
> part of accepting a pardon is accepting guilt Is that not a commonly misunderstood myth? You do not have to sign anything admitting guilt.
- 8note 4mo ago
  https://constitution.congress.gov/browse/essay/artII-S2-C1-3-7/ALDE_00013324/&ved=2ahUKEwjUwIH-nq-VAxX6CTQIHdSXMdAQFnoECCQQAQ&usg=AOvVaw1Ym4d8InqXmoHOeyOMzqE8 https://constitution.congress.gov/browse/essay/artII-S2-C1-3... different courts have said different things. the more recent courts have said it only removes the punishment you were still found guilty, so the guilt is still there
  - cogman10 4mo ago
    There's also a weird play with the prosecution. Like if a pardon is issued before trial, under normal circumstances the prosecutor will drop charges and the pardonee does not need to accept it. Further, a prosecutor won't go after charges when someone is pardoned. These are the cases where a pardon wouldn't imply guilt. But generally speaking, pardons happen after a conviction and not before. Accepting a pardon ends appeals.
  - rootusrootus 4mo ago
    That link breaks for me, but I suspect I know what you are referring to. That talk from the various courts seems mostly like rhetoric more than an establishment of legal precedent. It is all implied meaning, since indeed you do not need to affirmatively proclaim your own guilt in order to accept a pardon. You can just accept delivery and be done with it. Whether someone else imputes guilt from that is [mostly] their problem.
cassepipe 4mo ago
IIRC it is why some people defending captain Dreyfus urged him not to accept a pardon

rootusrootus 4mo ago

> part of accepting a pardon is accepting guilt Is that not a commonly misunderstood myth? You do not have to sign anything admitting guilt.

8note 4mo ago
https://constitution.congress.gov/browse/essay/artII-S2-C1-3-7/ALDE_00013324/&ved=2ahUKEwjUwIH-nq-VAxX6CTQIHdSXMdAQFnoECCQQAQ&usg=AOvVaw1Ym4d8InqXmoHOeyOMzqE8 https://constitution.congress.gov/browse/essay/artII-S2-C1-3... different courts have said different things. the more recent courts have said it only removes the punishment you were still found guilty, so the guilt is still there
- cogman10 4mo ago
  There's also a weird play with the prosecution. Like if a pardon is issued before trial, under normal circumstances the prosecutor will drop charges and the pardonee does not need to accept it. Further, a prosecutor won't go after charges when someone is pardoned. These are the cases where a pardon wouldn't imply guilt. But generally speaking, pardons happen after a conviction and not before. Accepting a pardon ends appeals.
- rootusrootus 4mo ago
  That link breaks for me, but I suspect I know what you are referring to. That talk from the various courts seems mostly like rhetoric more than an establishment of legal precedent. It is all implied meaning, since indeed you do not need to affirmatively proclaim your own guilt in order to accept a pardon. You can just accept delivery and be done with it. Whether someone else imputes guilt from that is [mostly] their problem.

cassepipe 4mo ago

IIRC it is why some people defending captain Dreyfus urged him not to accept a pardon