Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Ms. Toad

(38,824 posts)
11. I'm not sure there has to be acceptance after a conviction.
Wed Aug 23, 2017, 01:20 AM
Aug 2017

because once there is a conviction, the individual is already legally guilty.

The Burdick case was pre-conviction, and the court was trying to force him to testify against his will, in a manner that would have incriminated himself but for the pre-conviction pardon. He wanted to plead the 5th, remain silent, and retain the possibility of maintaining legal innocence. The court said - pre-conviction - that he was not obligated to accept the pardon (and the implication of guilt that goes with it). That horse is out of the barn for Arpaio. He's already legally guilty.

The application for a pardon doesn't require admission of guilt, although taking responsibility for the offense is strongly encouraged:

In addition, you should bear in mind that a presidential pardon is ordinarily a sign of forgiveness and is granted in recognition of the applicant's acceptance of responsibility for the crime and established good conduct for a significant period of time after conviction or release from confinement. A pardon is not a sign of vindication and does not connote or establish innocence. For that reason, when considering the merits of a pardon petition, pardon officials take into account the petitioner's acceptance of responsibility, remorse, and atonement for the offense.


https://www.justice.gov/pardon/file/960581/download

I can't imagine a spontaneous pardon requring a stronger admission of guilt than the petitioned for pardon.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Trump just asked his audience: [View all] SummerSnow Aug 2017 OP
Grrrrr..... dixiegrrrrl Aug 2017 #1
according to Burdick v US 1915 Angry Dragon Aug 2017 #2
Not true. former9thward Aug 2017 #5
President Ford said he did .......... he carried it around with him Angry Dragon Aug 2017 #6
Ford allegedly carried around the Burdick decision. former9thward Aug 2017 #14
okay Angry Dragon Aug 2017 #15
here is more Angry Dragon Aug 2017 #7
Not exactly. Ms. Toad Aug 2017 #8
Question: If he does not accept the pardon and admits guilt doesn't he then go to prison?? Angry Dragon Aug 2017 #9
He hasn't been sentenced yet. FormerOstrich Aug 2017 #10
I'm not sure there has to be acceptance after a conviction. Ms. Toad Aug 2017 #11
Thank you Angry Dragon Aug 2017 #13
It was inevitable that he'd shove it up our noses publicly like this eleny Aug 2017 #3
When, is not giving people water for days, a job? Doreen Aug 2017 #4
Apparently he called for Kelly .. Hieronymus Aug 2017 #12
Latest Discussions»General Discussion»Trump just asked his audi...»Reply #11