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NCJRS Abstract

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NCJ Number: 64586 Find in a Library
Title: QUEEN'S PARDON
Author(s): C H ROLPH
Corporate Author: Cassell and Collier Ltd
United Kingdom
Date Published: 1978
Page Count: 183
Sponsoring Agency: Cassell and Collier Ltd
London, WC1R 4SQ, England
Sale Source: Cassell and Collier Ltd
35 Red Lion Square
London, WC1R 4SQ,
United Kingdom
Language: English
Country: United Kingdom
Annotation: BRITISH PROCEDURES FOR CONSIDERING AND ACTING UPON CLAIMS OF INNOCENCE FOLLOWING A CRIMINAL CONVICTION ARE DISCUSSED, CRITIQUED, AND COMPARED TO ANALOGOUS PROCEDURES IN SOME OTHER COUNTRIES.
Abstract: THROUGHOUT BRITISH HISTORY, KINGS AND QUEENS HAVE HAD THE POWER TO GRANT MERCY OR PARDON TO THOSE CONVICTED OF CRIMES AGAINST THE CROWN. THE ACT, HOWEVER, DOES NOT ERASE THE CONVICTION NOR IMPLY INNOCENCE. THE QUEEN'S PARDON MEANS THAT EXTENUATING CIRCUMSTANCES WARRANT PARDONING A CONVICTED CRIMINAL. IN 1907, THE COURT OF CRIMINAL APPEALS WAS ESTABLISHED TO REVIEW AND RECEIVE NEW EVIDENCE IN CASES PREVIOUSLY TRIED WHERE A CONVICTION RESULTED. THIS COURT HAS THE POWER TO 'QUASH' A CONVICTION, THUS ERASING IT FROM THE RECORDS AND ESTABLISHING THE INNOCENCE OF THE PERSN WRONGFULLY CONVICTED. THE QUEEN'S PARDON WAS RETAINED, HOWEVER, AS AN OPTION FOR REMITTING SENTENCES WHERE THE COURT OF CRIMINAL APPEALS COULD NOT HEAR A CASE. THE ROYAL PREROGATIVE OF MERCY SHOULD NOT BE NEEDED TO CORRECT THE ERRORS OF THE COURTS. IF THERE IS ENOUGH EVIDENCE OF INNOCENCE FOR A PARDON TO BE GRANTED, THAT EVIDENCE SHOULD BE SUFFICIENT TO QUASH THE CONVICTION. NEW LEGISLATION SHOULD BE DEVISED TO EXTEND THE POWER OF THE COURT OF CRIMINAL APPEALS TO RECEIVE ANY EVIDENCE DEEMED APPROPRIATE GROUNDS FOR A PARDON. ANALOGOUS PROCEDURES ARE EXAMINED FOR COMMONWEALTH COUNTRIES, SOME EUROPEAN COUNTRIES, AND THE UNITED STATES. CASE HISTORIES ARE PROVIDED THROUGHOUT THE TEXT. REFERENCE NOTES, AN INDEX, AND AN APPENDIX OF RELATED MATERIAL ARE INCLUDED. (RCB)
Index Term(s): Critiques; Europe; Pardon; Status offense decriminalization; United Kingdom (UK); United States of America
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=64586

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