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by wl
4 days ago
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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. |
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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.