Can a person refuse a presidential pardon?












4















Michael Cohen has stated he would not accept a presidential pardon. Is this an option he has? If a pardon nullifies a committed crime, it seems like he should not be allowed to choose if he goes to prison or not because as far as the federal government is concerned, the crime is forgiven. An average person could not go to prison if a jury found them innocent. Why is this different?










share|improve this question

























  • Possible duplicate of Why is the US president allowed to grant a pardon

    – Jasper
    4 hours ago











  • @Jasper : why would it be a duplicate? It's about the same topic, but totally different question. The answers on that question don't focus on the possibility of refusing it.

    – vsz
    16 mins ago
















4















Michael Cohen has stated he would not accept a presidential pardon. Is this an option he has? If a pardon nullifies a committed crime, it seems like he should not be allowed to choose if he goes to prison or not because as far as the federal government is concerned, the crime is forgiven. An average person could not go to prison if a jury found them innocent. Why is this different?










share|improve this question

























  • Possible duplicate of Why is the US president allowed to grant a pardon

    – Jasper
    4 hours ago











  • @Jasper : why would it be a duplicate? It's about the same topic, but totally different question. The answers on that question don't focus on the possibility of refusing it.

    – vsz
    16 mins ago














4












4








4








Michael Cohen has stated he would not accept a presidential pardon. Is this an option he has? If a pardon nullifies a committed crime, it seems like he should not be allowed to choose if he goes to prison or not because as far as the federal government is concerned, the crime is forgiven. An average person could not go to prison if a jury found them innocent. Why is this different?










share|improve this question
















Michael Cohen has stated he would not accept a presidential pardon. Is this an option he has? If a pardon nullifies a committed crime, it seems like he should not be allowed to choose if he goes to prison or not because as far as the federal government is concerned, the crime is forgiven. An average person could not go to prison if a jury found them innocent. Why is this different?







united-states president pardon






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share|improve this question













share|improve this question




share|improve this question








edited 3 hours ago









JJJ

4,56322144




4,56322144










asked 5 hours ago









spmoosespmoose

1,1652617




1,1652617













  • Possible duplicate of Why is the US president allowed to grant a pardon

    – Jasper
    4 hours ago











  • @Jasper : why would it be a duplicate? It's about the same topic, but totally different question. The answers on that question don't focus on the possibility of refusing it.

    – vsz
    16 mins ago



















  • Possible duplicate of Why is the US president allowed to grant a pardon

    – Jasper
    4 hours ago











  • @Jasper : why would it be a duplicate? It's about the same topic, but totally different question. The answers on that question don't focus on the possibility of refusing it.

    – vsz
    16 mins ago

















Possible duplicate of Why is the US president allowed to grant a pardon

– Jasper
4 hours ago





Possible duplicate of Why is the US president allowed to grant a pardon

– Jasper
4 hours ago













@Jasper : why would it be a duplicate? It's about the same topic, but totally different question. The answers on that question don't focus on the possibility of refusing it.

– vsz
16 mins ago





@Jasper : why would it be a duplicate? It's about the same topic, but totally different question. The answers on that question don't focus on the possibility of refusing it.

– vsz
16 mins ago










2 Answers
2






active

oldest

votes


















4














It is possible to reject a pardon. Referring to United States v. Wilson:




There is nothing peculiar in a pardon which ought to distinguish it in
this respect from other facts; no legal principle known to the court
will sustain such a distinction. A pardon is a deed to the validity of
which delivery is essential, and delivery is not complete without
acceptance. It may then be rejected by the person to whom it is
tendered, and if it be rejected, we have discovered no power in a
court to force it on him.




There are also other practical effects to accepting pardons, such as waiving of fifth amendment rights relating to the pardoned crimes, since it would be impossible to self incriminate anymore. So there are reasons to refuse beyond "choosing to go to prison".






share|improve this answer
























  • I get a kick out of this part of that decision: "The power of pardon in criminal cases had been exercised from time immemorial by the executive of that nation whose language is our language, and to whose judicial institutions ours bear a close resemblance." Was this really a necessary phrasing on their part?

    – zibadawa timmy
    3 hours ago






  • 1





    @zibadawatimmy - Early 1800s, maybe they still viewed England as be a Valdemort type of entity.

    – PoloHoleSet
    2 hours ago



















2














The question is theoretical. But there's no need to theorize. There's at least one case of a convict successfully rejecting a presidential pardon. The Supreme Court ruled on this case in 1833, saying a pardon is "not completed without acceptance".



This case is touched upon in a previous answer to this post.



Here are excerpts from an article describing the case:




The Man Who Refused A
Pardon ~ CBMC
International



In 1829 two men, George Wilson and James Porter, robbed a United
States mail carrier. Both were subsequently captured and tried in a
court of law.



In May 1830 both men were found guilty of six charges, including
robbery of the mail "and putting the life of the driver in jeopardy."



Both Wilson and Porter received their sentences: Execution by hanging,
to be carried out on July 2.



Porter was executed on schedule, but Wilson was not.



Influential friends pleaded for mercy to the President of the United
States, Andrew Jackson, on his behalf. President Jackson issued a
formal pardon, dropping all charges.
Wilson would have to serve only a
prison term of 20 years for his other crimes.



Incredibly, George Wilson refused the pardon!



An official report stated Wilson chose to "waive and decline any
advantage or protection which might be supposed to arise from the
pardon…."



The U.S. Supreme Court determined, "The court cannot give the prisoner
the benefit of the pardon, unless he claims the benefit of it... It is
a grant to him: it is his property; and he may accept it or not as he
pleases."



Chief Justice John Marshall wrote, "A pardon is an act of
grace, proceeding from the power entrusted with the execution of the
laws... (But) delivery is not completed without acceptance. It may
then be rejected by the person to whom it is tendered, and... we have
no power in a court to force it on him."



(emphasis mine)




Reference:




  • United States v. Wilson, 1833






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    2 Answers
    2






    active

    oldest

    votes








    2 Answers
    2






    active

    oldest

    votes









    active

    oldest

    votes






    active

    oldest

    votes









    4














    It is possible to reject a pardon. Referring to United States v. Wilson:




    There is nothing peculiar in a pardon which ought to distinguish it in
    this respect from other facts; no legal principle known to the court
    will sustain such a distinction. A pardon is a deed to the validity of
    which delivery is essential, and delivery is not complete without
    acceptance. It may then be rejected by the person to whom it is
    tendered, and if it be rejected, we have discovered no power in a
    court to force it on him.




    There are also other practical effects to accepting pardons, such as waiving of fifth amendment rights relating to the pardoned crimes, since it would be impossible to self incriminate anymore. So there are reasons to refuse beyond "choosing to go to prison".






    share|improve this answer
























    • I get a kick out of this part of that decision: "The power of pardon in criminal cases had been exercised from time immemorial by the executive of that nation whose language is our language, and to whose judicial institutions ours bear a close resemblance." Was this really a necessary phrasing on their part?

      – zibadawa timmy
      3 hours ago






    • 1





      @zibadawatimmy - Early 1800s, maybe they still viewed England as be a Valdemort type of entity.

      – PoloHoleSet
      2 hours ago
















    4














    It is possible to reject a pardon. Referring to United States v. Wilson:




    There is nothing peculiar in a pardon which ought to distinguish it in
    this respect from other facts; no legal principle known to the court
    will sustain such a distinction. A pardon is a deed to the validity of
    which delivery is essential, and delivery is not complete without
    acceptance. It may then be rejected by the person to whom it is
    tendered, and if it be rejected, we have discovered no power in a
    court to force it on him.




    There are also other practical effects to accepting pardons, such as waiving of fifth amendment rights relating to the pardoned crimes, since it would be impossible to self incriminate anymore. So there are reasons to refuse beyond "choosing to go to prison".






    share|improve this answer
























    • I get a kick out of this part of that decision: "The power of pardon in criminal cases had been exercised from time immemorial by the executive of that nation whose language is our language, and to whose judicial institutions ours bear a close resemblance." Was this really a necessary phrasing on their part?

      – zibadawa timmy
      3 hours ago






    • 1





      @zibadawatimmy - Early 1800s, maybe they still viewed England as be a Valdemort type of entity.

      – PoloHoleSet
      2 hours ago














    4












    4








    4







    It is possible to reject a pardon. Referring to United States v. Wilson:




    There is nothing peculiar in a pardon which ought to distinguish it in
    this respect from other facts; no legal principle known to the court
    will sustain such a distinction. A pardon is a deed to the validity of
    which delivery is essential, and delivery is not complete without
    acceptance. It may then be rejected by the person to whom it is
    tendered, and if it be rejected, we have discovered no power in a
    court to force it on him.




    There are also other practical effects to accepting pardons, such as waiving of fifth amendment rights relating to the pardoned crimes, since it would be impossible to self incriminate anymore. So there are reasons to refuse beyond "choosing to go to prison".






    share|improve this answer













    It is possible to reject a pardon. Referring to United States v. Wilson:




    There is nothing peculiar in a pardon which ought to distinguish it in
    this respect from other facts; no legal principle known to the court
    will sustain such a distinction. A pardon is a deed to the validity of
    which delivery is essential, and delivery is not complete without
    acceptance. It may then be rejected by the person to whom it is
    tendered, and if it be rejected, we have discovered no power in a
    court to force it on him.




    There are also other practical effects to accepting pardons, such as waiving of fifth amendment rights relating to the pardoned crimes, since it would be impossible to self incriminate anymore. So there are reasons to refuse beyond "choosing to go to prison".







    share|improve this answer












    share|improve this answer



    share|improve this answer










    answered 4 hours ago









    TelekaTeleka

    2,520521




    2,520521













    • I get a kick out of this part of that decision: "The power of pardon in criminal cases had been exercised from time immemorial by the executive of that nation whose language is our language, and to whose judicial institutions ours bear a close resemblance." Was this really a necessary phrasing on their part?

      – zibadawa timmy
      3 hours ago






    • 1





      @zibadawatimmy - Early 1800s, maybe they still viewed England as be a Valdemort type of entity.

      – PoloHoleSet
      2 hours ago



















    • I get a kick out of this part of that decision: "The power of pardon in criminal cases had been exercised from time immemorial by the executive of that nation whose language is our language, and to whose judicial institutions ours bear a close resemblance." Was this really a necessary phrasing on their part?

      – zibadawa timmy
      3 hours ago






    • 1





      @zibadawatimmy - Early 1800s, maybe they still viewed England as be a Valdemort type of entity.

      – PoloHoleSet
      2 hours ago

















    I get a kick out of this part of that decision: "The power of pardon in criminal cases had been exercised from time immemorial by the executive of that nation whose language is our language, and to whose judicial institutions ours bear a close resemblance." Was this really a necessary phrasing on their part?

    – zibadawa timmy
    3 hours ago





    I get a kick out of this part of that decision: "The power of pardon in criminal cases had been exercised from time immemorial by the executive of that nation whose language is our language, and to whose judicial institutions ours bear a close resemblance." Was this really a necessary phrasing on their part?

    – zibadawa timmy
    3 hours ago




    1




    1





    @zibadawatimmy - Early 1800s, maybe they still viewed England as be a Valdemort type of entity.

    – PoloHoleSet
    2 hours ago





    @zibadawatimmy - Early 1800s, maybe they still viewed England as be a Valdemort type of entity.

    – PoloHoleSet
    2 hours ago











    2














    The question is theoretical. But there's no need to theorize. There's at least one case of a convict successfully rejecting a presidential pardon. The Supreme Court ruled on this case in 1833, saying a pardon is "not completed without acceptance".



    This case is touched upon in a previous answer to this post.



    Here are excerpts from an article describing the case:




    The Man Who Refused A
    Pardon ~ CBMC
    International



    In 1829 two men, George Wilson and James Porter, robbed a United
    States mail carrier. Both were subsequently captured and tried in a
    court of law.



    In May 1830 both men were found guilty of six charges, including
    robbery of the mail "and putting the life of the driver in jeopardy."



    Both Wilson and Porter received their sentences: Execution by hanging,
    to be carried out on July 2.



    Porter was executed on schedule, but Wilson was not.



    Influential friends pleaded for mercy to the President of the United
    States, Andrew Jackson, on his behalf. President Jackson issued a
    formal pardon, dropping all charges.
    Wilson would have to serve only a
    prison term of 20 years for his other crimes.



    Incredibly, George Wilson refused the pardon!



    An official report stated Wilson chose to "waive and decline any
    advantage or protection which might be supposed to arise from the
    pardon…."



    The U.S. Supreme Court determined, "The court cannot give the prisoner
    the benefit of the pardon, unless he claims the benefit of it... It is
    a grant to him: it is his property; and he may accept it or not as he
    pleases."



    Chief Justice John Marshall wrote, "A pardon is an act of
    grace, proceeding from the power entrusted with the execution of the
    laws... (But) delivery is not completed without acceptance. It may
    then be rejected by the person to whom it is tendered, and... we have
    no power in a court to force it on him."



    (emphasis mine)




    Reference:




    • United States v. Wilson, 1833






    share|improve this answer






























      2














      The question is theoretical. But there's no need to theorize. There's at least one case of a convict successfully rejecting a presidential pardon. The Supreme Court ruled on this case in 1833, saying a pardon is "not completed without acceptance".



      This case is touched upon in a previous answer to this post.



      Here are excerpts from an article describing the case:




      The Man Who Refused A
      Pardon ~ CBMC
      International



      In 1829 two men, George Wilson and James Porter, robbed a United
      States mail carrier. Both were subsequently captured and tried in a
      court of law.



      In May 1830 both men were found guilty of six charges, including
      robbery of the mail "and putting the life of the driver in jeopardy."



      Both Wilson and Porter received their sentences: Execution by hanging,
      to be carried out on July 2.



      Porter was executed on schedule, but Wilson was not.



      Influential friends pleaded for mercy to the President of the United
      States, Andrew Jackson, on his behalf. President Jackson issued a
      formal pardon, dropping all charges.
      Wilson would have to serve only a
      prison term of 20 years for his other crimes.



      Incredibly, George Wilson refused the pardon!



      An official report stated Wilson chose to "waive and decline any
      advantage or protection which might be supposed to arise from the
      pardon…."



      The U.S. Supreme Court determined, "The court cannot give the prisoner
      the benefit of the pardon, unless he claims the benefit of it... It is
      a grant to him: it is his property; and he may accept it or not as he
      pleases."



      Chief Justice John Marshall wrote, "A pardon is an act of
      grace, proceeding from the power entrusted with the execution of the
      laws... (But) delivery is not completed without acceptance. It may
      then be rejected by the person to whom it is tendered, and... we have
      no power in a court to force it on him."



      (emphasis mine)




      Reference:




      • United States v. Wilson, 1833






      share|improve this answer




























        2












        2








        2







        The question is theoretical. But there's no need to theorize. There's at least one case of a convict successfully rejecting a presidential pardon. The Supreme Court ruled on this case in 1833, saying a pardon is "not completed without acceptance".



        This case is touched upon in a previous answer to this post.



        Here are excerpts from an article describing the case:




        The Man Who Refused A
        Pardon ~ CBMC
        International



        In 1829 two men, George Wilson and James Porter, robbed a United
        States mail carrier. Both were subsequently captured and tried in a
        court of law.



        In May 1830 both men were found guilty of six charges, including
        robbery of the mail "and putting the life of the driver in jeopardy."



        Both Wilson and Porter received their sentences: Execution by hanging,
        to be carried out on July 2.



        Porter was executed on schedule, but Wilson was not.



        Influential friends pleaded for mercy to the President of the United
        States, Andrew Jackson, on his behalf. President Jackson issued a
        formal pardon, dropping all charges.
        Wilson would have to serve only a
        prison term of 20 years for his other crimes.



        Incredibly, George Wilson refused the pardon!



        An official report stated Wilson chose to "waive and decline any
        advantage or protection which might be supposed to arise from the
        pardon…."



        The U.S. Supreme Court determined, "The court cannot give the prisoner
        the benefit of the pardon, unless he claims the benefit of it... It is
        a grant to him: it is his property; and he may accept it or not as he
        pleases."



        Chief Justice John Marshall wrote, "A pardon is an act of
        grace, proceeding from the power entrusted with the execution of the
        laws... (But) delivery is not completed without acceptance. It may
        then be rejected by the person to whom it is tendered, and... we have
        no power in a court to force it on him."



        (emphasis mine)




        Reference:




        • United States v. Wilson, 1833






        share|improve this answer















        The question is theoretical. But there's no need to theorize. There's at least one case of a convict successfully rejecting a presidential pardon. The Supreme Court ruled on this case in 1833, saying a pardon is "not completed without acceptance".



        This case is touched upon in a previous answer to this post.



        Here are excerpts from an article describing the case:




        The Man Who Refused A
        Pardon ~ CBMC
        International



        In 1829 two men, George Wilson and James Porter, robbed a United
        States mail carrier. Both were subsequently captured and tried in a
        court of law.



        In May 1830 both men were found guilty of six charges, including
        robbery of the mail "and putting the life of the driver in jeopardy."



        Both Wilson and Porter received their sentences: Execution by hanging,
        to be carried out on July 2.



        Porter was executed on schedule, but Wilson was not.



        Influential friends pleaded for mercy to the President of the United
        States, Andrew Jackson, on his behalf. President Jackson issued a
        formal pardon, dropping all charges.
        Wilson would have to serve only a
        prison term of 20 years for his other crimes.



        Incredibly, George Wilson refused the pardon!



        An official report stated Wilson chose to "waive and decline any
        advantage or protection which might be supposed to arise from the
        pardon…."



        The U.S. Supreme Court determined, "The court cannot give the prisoner
        the benefit of the pardon, unless he claims the benefit of it... It is
        a grant to him: it is his property; and he may accept it or not as he
        pleases."



        Chief Justice John Marshall wrote, "A pardon is an act of
        grace, proceeding from the power entrusted with the execution of the
        laws... (But) delivery is not completed without acceptance. It may
        then be rejected by the person to whom it is tendered, and... we have
        no power in a court to force it on him."



        (emphasis mine)




        Reference:




        • United States v. Wilson, 1833







        share|improve this answer














        share|improve this answer



        share|improve this answer








        edited 3 hours ago

























        answered 3 hours ago









        Michael_BMichael_B

        7,09242026




        7,09242026






























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