Hacker News new | ask | show | jobs
by wl 4 days ago
There's this notion from the Supreme Court case Burdick v. United States (1915) that accepting a pardon is an implicit admission of guilt. Therefore, a person can refuse a pardon. There isn't anything in the decision to justify the argument that accepting the pardon is an admission of guilt, it's just stated as a fact. It seems at odds with situations where pardons have been used to correct miscarriages of justice in cases of factual innocence.
1 comments

Just to clarify, a pardon in the ordinary sense can't be refused. If you're imprisoned and the President pardon's you, you can't decide to refuse the pardon and remain in prison. As soon as the pardon is granted you are released, whether you like it or not, whether you "accept" it or not.

The Burdick case had to do with an individual who had not yet been convicted of anything being offered a pardon in exchange for testimony that could have otherwise incriminated him. The Supreme Court ruled that in that specific scenario someone accepting a pardon could be seen as admitting guilt, so the pardon couldn't be forced on Burdick to strip away his fifth amendment right and compel his testimony.