Pardons: Justice, Mercy, and the Public Interest - Hardcover

Moore has made an important contribution to punishment theory in general and to an all too frequently neglected aspect of punishment in particular, namely, the role of the pardon in the criminal justice system. All terms, concepts, and arguments are clearly defined and logically developed. The endnotes, bibliography, and index are excellent. Highly recommended for public and undergraduate libraries. (M.A. Foley, Marywood College, Social and Behavioral Sciences)

This is a book about the justification for pardoning, which has been described as "the most slippery of all the rights of the sovereign". Moore begins with a review of the history of thought and practice on the subject of legal pardons, illustrated with a rich and fascinating variety of cases; from Pontius Pilate's release of Barabbas to Ford's pardon of Nixon, and recent amnesties for draft evaders, war-deserters, and illegal aliens. Focusing on the pardoning power of the US President, Moore argues convincingly for the necessity of rethinking the nature and purposes of pardons. Starting from a theory of retributive justice, she attempts to provide a philosophical framework for deciding when pardons are appropriate. Concluding that pardon should be understood primarily as a remedy for miscarriages of justice, she argues against the view of pardons as gifts, and rejects the idea of basing pardons solely on the good they might do for others. In this context, she offers a number of controversial suggestions for substantial reforms of the present system.