Monday, September 1, 2008

Quote of the Day

We will not go into history, but we will say a word about the principles of pardons in the law of the United States. A pardon in our days is not a private act of grace from an individual happening to possess power. It is a part of the Constitutional scheme. When granted, it is the determination of the ultimate authority that the public welfare will be better served by inflicting less than what the judgment fixed. See Ex parte Grossman. Just as the original punishment would be imposed without regard to the prisoner's consent and in the teeth of his will, whether he liked it or not, the public welfare, not his consent, determines what shall be done. - Justice Oliver Wendell Holmes, Opinion of the Court in Biddle v. Perovich, 274 U.S. 480 (1927).

1 comment:

Anonymous said...

To bad the Governor of North Carolina has not read this quote. Glad to see you go Governor Easley!

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