Brandishing lawyer won't get his guns back

Ask your gray god Joe Bedpan. He runs down his leg nightly when his diaper overfills.


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Funny how you only hear of right wing conservatives ever getting their homes mobbed or swatted by jerks like you. Then you assholes rationalize why there ain't a thing wrong with it. Wouldn't it be funny to see a mob show up at your door just to watch you either piss yourself of come out shooting with a gun.
Every MAGAt accusation is a con-fession. We know about your orange jesus' incontinence and smell.
 
I am not so sure that the law is settled on that, despite the 1915 supreme court case which mentioned that in passing.

It makes no sense. There is no one more deserving of a pardon than an innocent person who was wrongly convicted.

Regards,
Jim

How is one to be deemed wrongly convicted? If you are convicted by a jury of your peers then you are convicted. Period. If their innocence can actually be proven, then the correct procedure is to petition for a new trial based on the new evidence, so that they can have their conviction overturned. A pardon is not a reversal of a conviction, it is forgiveness for a criminal action. Therefore, it can only apply to someone who has committed the criminal act.
 
How is one to be deemed wrongly convicted? If you are convicted by a jury of your peers then you are convicted. Period. If their innocence can actually be proven, then the correct procedure is to petition for a new trial based on the new evidence, so that they can have their conviction overturned. A pardon is not a reversal of a conviction, it is forgiveness for a criminal action. Therefore, it can only apply to someone who has committed the criminal act.
No.

I understand your point, but you have jumped into the middle of this discussion and are missing the main point, which was about admission, not formal legal conviction.

Crepitus said that "acceptance of a pardon is an admission of guilt."

I am arguing that an innocent person who is doing time for a crime they did not commit and has otherwise exhausted all legal recourse would gladly accept a pardon.

Thus, while there are opinions that support what Crepitus said, but there are also counter opinions*, and that is why I said it's not really settled law.

Regards,
Jim

* "some pardons expressly state that they are based on the pardoner's decision that the defendant was actually innocent"....The Justice Department Standards for Consideration of Clemency Petitioners also expressly contemplate the possibility of "pardon on grounds of innocence or miscarriage of justice,"

 
No.

I understand your point, but you have jumped into the middle of this discussion and are missing the main point, which was about admission, not formal legal conviction.

Crepitus said that "acceptance of a pardon is an admission of guilt."

I am arguing that an innocent person who is doing time for a crime they did not commit and has otherwise exhausted all legal recourse would gladly accept a pardon.

Thus, while there are opinions that support what Crepitus said, but there are also counter opinions*, and that is why I said it's not really settled law.

Regards,
Jim

* "some pardons expressly state that they are based on the pardoner's decision that the defendant was actually innocent"....The Justice Department Standards for Consideration of Clemency Petitioners also expressly contemplate the possibility of "pardon on grounds of innocence or miscarriage of justice,"


Burdick would seem to disagree.


Justice Joseph McKenna delivered the opinion of the Court in favor of Burdick. The Court ruled Burdick was entitled to reject the pardon for a number of reasons, including the implicit admission of guilt and possibly objectionable terms contained in a conditional pardon. As Burdick was entitled to reject the pardon, he was also entitled to assert his right against self-incrimination under the Fifth Amendment.

So accepting a Pardon is an implicit admission of guilt. At least according to the Supreme Court.
 
Every MAGAt accusation is a con-fession. We know about your orange jesus' incontinence and smell.

Wow, amazing how all you anti-gunners come out of the woodwork to defend terrorizing people on their own property when that couple just happens to be conservative, when we all know that had you been there, you would have been the first to shoot someone, then argue 2A, stand your ground and every other thing to justify your actions. Bottom line once again, this couple paid the price for the left's own violence and threats.
 

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