minor legal/political question

[kaigou]

For the US president to pardon someone, doesn't that someone have to be accused of a crime in the first place? How do you pardon someone who hasn't been charged with anything?

Comments

[branchandroot]

*scratches nose* I could be wrong, but I think, in order to pardon someone, they actually have to have been convicted. Otherwise I think it's just 'dismissing charges'. And if they haven't been charged, I think it's just letting them go or ceasing pursuit or whatever.

[clarentine]

I was all in agreement with the above until I remembered Nixon (prompted by the comments below). Hmm.

[branchandroot]

That's quite true. *considers* Though that was an interesting situation. Everyone was pretty well convinced that Nixon was guilty as sin, so simply dismissing charges, as would have been legally appropriate might not have been emotionally or politically sufficient. I think a pardon, in that case, was actually a backhanded acknowledgment that he was guilty but that the guilt wasn't going to be pursued.

[kaigou.livejournal.com]

My understanding was that any criminal investigation would have springboarded off the impeachment, and that Ford in fact was pardoning Nixon from the impeachment -- which in turn prevented any criminal investigations.

(Although, come to think of it, it's possible criminal investigations may have gone forward regardless, but that the pardon acted as an effective stopping point. Being pardoned for this crime does not mean you cannot be charged, tried and convicted of another crime.)