The Repentant St. Peter, by Francisco José de Goya (1746 - 1828), courtesy of Wikimedia Commons. [1]
There is quite a buzz about Presidential Pardons and expert opinions abound. Is it not time to get to the root of the principle of Presidential Pardons, and indeed, any pardon?
If you shut your door to all errors truth will be shut out.
—RABINDRANATH TAGORE
Section 1, Article Two of the United States Constitution, grants the POTUS power to grant pardons. But consider Howard Zehr’s work on Restorative Justice. There are many parties affected by a crime: the victims, offenders, and the community—the welfare of the whole is at stake. There is a need for healing and restoration. A key element is that the offender must take responsibility for the harm he/she has caused.
If the offender is contrite and has acknowledged guilt and responsibility for the crime, has not the greater good of society been achieved if the victim(s) and society have been redressed and the process of healing is under way?
A pardon given by a sole individual, such as the POTUS, violates the rights of victims and society and exempts the offender from obligations. Is this not a slap in the face of Justice?
Should not a pardon-seeking offender return to the justice system for a session that includes representatives from all stakeholders?
Unilateral pardons lend themselves to corruption and are insulting to the citizenry. This can be seen in the actions of the current and past POTUS. Should pardons at any level be recommended by impartial boards that are not appointed by the party that may grant the pardon?
Interesting thought. Never looked at it this way before but who would populate the Board for presidential pardons?
I admit that I have always taken Presidential Pardons for granted. It really is admitting that I failed to exercise critical thinking. Thank you so much for pointing this out, especially at a time like the one we are li ing in. It did not occur to me to question this "benefit" given to an exiting President which could lead to undesired consequences. I agree with you and thank you for pointing it out!!