I agree too but i think for BOTH Biden and Trump and also any other president in the future! Because only one person can decide it now with a pardon. BUTTT i think if it is one person it should be a judge.
In our society class the teacher said it was old fashioned because in the past it was because of a king who could do that but he had all the powers. But now a president is not a king. And still he can do that. I hope i understand that correctly but maybe @diogenes_cask knows more about it!! ππ
First of all, we should understand the legal term of "executive clemency." The Presidentβs clemency power is conferred by Article II, Section 2, Clause 1 of the Constitution of the United States, which provides: βThe President . . . shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.β Thus, the Presidentβs authority to grant clemency is limited to federal offenses and offenses prosecuted by the United States Attorney for the District of Columbia in the name of the United States in the D.C. Superior Court. An offense that violates a state law is not an offense against the United States. A person who wishes to seek a pardon or a commutation of sentence for a state offense should contact the authorities of the state in which the conviction occurred. Such state authorities are typically the Governor or a state board of pardons and/or paroles, if the state government has created such a board.
Latter we should understand the difference between "commutation of sentence" and "pardon". "A commutation of sentence reduces a sentence, either totally or partially, that is then being served, but it does not change the fact of conviction, imply innocence, or remove civil disabilities that apply to the convicted person as a result of the criminal conviction. A commutation may include remission (release) of the financial obligations that are imposed as part of a sentence, such as payment of a fine or restitution. A remission applies only to the part of the financial obligation that has not already been paid. A commutation of sentence has no effect on a personβs immigration status and will not prevent removal or deportation from the United States. To be eligible to apply for commutation of sentence, a person must have reported to prison to begin serving his sentence and may not be challenging his conviction in the courts."
"A pardon is an expression of the Presidentβs forgiveness and ordinarily is granted in recognition of the applicantβs acceptance of responsibility for the crime and established good conduct for a significant period of time after conviction or completion of sentence. It does not signify innocence. It does, however, remove civil disabilities β e.g., restrictions on the right to vote, hold state or local office, or sit on a jury β imposed because of the conviction for which pardon is sought, and should lessen the stigma arising from the conviction. It may also be helpful in obtaining licenses, bonding, or employment. Under some β but not all β circumstances, a pardon will eliminate the legal basis for removal or deportation from the United States. "
The crucial point in this difference, is that pardon "does not signify innocence." Expungement is a judicial remedy that is rarely granted by the court and cannot be granted within the Department of Justice or by the President. Please also be aware that if you were to be granted a presidential pardon, the pardoned offense would not be removed from your criminal record. Instead, both the federal conviction as well as the pardon would both appear on your record. The rationale behind this power might be explained like that the president may pardon someone held in criminal contempt because the punishment is "punitive." The president cannot pardon someone held in civil contempt because the punishment is "remedial." Royal prerogative of mercy is something else because it doesn't differ "punitive" or "remedial."
Last but not least, "Clementia" should be taken as "the merciful face of power." For example Seneca defines clementia as the following:
"Clemency is βrestraint of the mind when it is able to take revenge,β or βthe
leniency of the more powerful party towards the weaker in the matter of
setting penalties.β It is safer to propose several formulations, in case a
single definition is not comprehensive enough, and so to speak, loses its
case. So clemency can also be defined as a tendency of the mind towards
leniency in the matter of exacting punishment."