Same. Imagine being her lawyer now, having to argue on her behalf in court that she is guilty and is entitled to prison time. That she has a right to that prison time and to a permanent criminal record.
I recall a reporter arguing with Joe Arpaio after he was pardoned by Trump. Joe kept saying “I never admitted got” and the reporter repeated “by accepting a pardon, you admit guilt”. It went nowhere
Not necessarily. You can plead guilty while still asserting innocence, for example the Alford plea. It means the defendant accepts the sentence, but remains adamant that what they did was okay according to their conscience.
In this case tho, the only alternative is to go free despite your wrongdoing, so it might be more of a “Fuck your pardon, orange twat” reaction.
Although the Supreme Court’s opinion stated that a pardon carries “an imputation of guilt and acceptance of a confession of it,” this was part of the Court’s dictum for the case. Whether the acceptance of a pardon constitutes an admission of guilt by the recipient is disputed. In Lorance v. Commandant, USDB (2021) the 10th Circuit Court of Appeals ruled that "there is no confession and Lorance does not otherwise lose his right to petition for habeas corpus relief for his court-martial conviction and sentence.
However, that case has to do with a preemptive pardon for a crime that the recipient had not yet been accused of. Pardons for a crime that the recipient is currently being punished for may be different. (If the government wants to remove you from prison, can you refuse to leave?) So may pardons for a crime for which the recipient has already completed his punishment.
I learned recently that Americans do in fact have the right to refuse a pardon.
Same. Imagine being her lawyer now, having to argue on her behalf in court that she is guilty and is entitled to prison time. That she has a right to that prison time and to a permanent criminal record.
I might be wrong here, but wouldn’t it basically require you to confess the crime?It is not an admission of guilt.
I believe that’s true, but that’s not why she did it.
There must always be a path to redemption, and it appears she has chosen to take it.
That’s honourable of her and I respect it.
I always give consideration to those who admit they were wrong.
I recall a reporter arguing with Joe Arpaio after he was pardoned by Trump. Joe kept saying “I never admitted got” and the reporter repeated “by accepting a pardon, you admit guilt”. It went nowhere
Not necessarily. You can plead guilty while still asserting innocence, for example the Alford plea. It means the defendant accepts the sentence, but remains adamant that what they did was okay according to their conscience.
In this case tho, the only alternative is to go free despite your wrongdoing, so it might be more of a “Fuck your pardon, orange twat” reaction.
But US SCOTUS ruled that accepting a pardon is an admission of guilt in 1915
That’s from the Wikipedia article about the case you’re referring to. Note that a dictum from the Supreme Court is influential but not binding as a precedent.
However, that case has to do with a preemptive pardon for a crime that the recipient had not yet been accused of. Pardons for a crime that the recipient is currently being punished for may be different. (If the government wants to remove you from prison, can you refuse to leave?) So may pardons for a crime for which the recipient has already completed his punishment.
Hahaha, you think precedent actually means anything to SCROTUS.
I know that in New York, you can simply plead “no contest” or “nolo contendre”
Accepting a pardon is not an admission of guilt so I don’t think refusing one is either. The rest of what she said was a confession, though.
Seems that is true since a couple of years back, at least!
I respect her choice. She seems cool about it.