Amnesty

For other uses, see Amnesty (disambiguation).

Amnesty (from Ancient Greek ἀμνηστία (amnēstía) 'forgetfulness, passing over') is defined as "A pardon extended by the government to a group or class of people, usually for a political offense; the act of a sovereign power officially forgiving certain classes of people who are subject to trial but have not yet been convicted."[1] Though the term general pardon has a similar definition,[2] an amnesty constitutes more than a pardon, in so much as it obliterates all legal remembrance of the offense.[3] Amnesty is increasingly used to express the idea of "freedom" and to refer to when prisoners can go free.

Amnesties, which in the United Kingdom may be granted by the crown or by an act of Parliament, were formerly usual on coronations and similar occasions, but are chiefly exercised towards associations of political criminals, and are sometimes granted absolutely, though more frequently there are certain specified exceptions. Thus, in the case of the earliest recorded amnesty, that of Thrasybulus at Athens, the thirty tyrants and a few others were expressly excluded from its operation; and the amnesty proclaimed on the restoration of Charles II of England did not extend to those who had taken part in the execution of his father. Other famous amnesties include: Napoleon's amnesty of March 13, 1815, from which thirteen eminent persons, including Talleyrand, were exempt; the Prussian amnesty of August 10, 1840; the general amnesty proclaimed by the Emperor Franz Josef I of Austria in 1857; the general amnesty granted by President of the United States, Andrew Johnson, after the American Civil War (1861–1865), in 1868, and the French amnesty of 1905.[3] Amnesty in U.S. politics in 1872 meant restoring the right to vote and hold office to ex-Confederates, which was achieved by act of Congress.[4] Those were true amnesties, pardoning past violations without changing the laws violated.

  1. ^ Bryan A. Gardner (ed.). 2009. Blacks Law Dictionary (9th ed.). St. Paul, MN: West, p. 99
  2. ^ "What is GENERAL PARDON?". The Law Dictionary. n.d. Retrieved 31 December 2021.
  3. ^ a b  One or more of the preceding sentences incorporates text from a publication now in the public domain: Chisholm, Hugh, ed. (1911). "Amnesty". Encyclopædia Britannica. Vol. 1 (11th ed.). Cambridge University Press. p. 875.
  4. ^ Robert W. Burg, "Amnesty, Civil Rights, and the Meaning of Liberal Republicanism, 1862–1872". American Nineteenth Century History 2003 4(3): 29–60.