The Restoration of Civil and Political Rights by Presidential Pardon

1940 ◽  
Vol 34 (2) ◽  
pp. 295-300 ◽  
Author(s):  
Everett S. Brown
Keyword(s):  
New York ◽  
Civil Rights ◽  
Attorney General ◽  
The United States ◽  
Political Rights ◽  
Federal Law ◽  
Large Measure ◽  
Circuit Court ◽  
Northern District ◽  
Civil And Political Rights

Although much has been written on the general subject of the President's pardoning power, there is still considerable confusion concerning the use of that power for the restoration of civil and political rights to persons who have been deprived of them as a punishment for crime. Particular questions frequently raised are: What rights are lost? How are they lost? How may they be restored? That the issue is a live one is supported by the fact that in the year 1938 no fewer than 203 pardons were granted by the President to restore civil rights.The confusion on the subject is due in large measure to the complexities of our federal form of government. This was clearly noted by Attorney-General Caleb Cushing in his opinion of July 9, 1856, in the case of Oliver Robbins of Sackett's Harbor, New York. Robbins was convicted in 1851, in the Circuit Court of the United States for the Northern District of New York, of an offense against federal law, and was sentenced to imprisonment in the penitentiary of New York. In 1852, he received from President Fillmore a general pardon.

Human Rights

Criminology ◽  
2009 ◽  
Author(s):  
Jay S. Albanese
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Civil Rights ◽  
The United States ◽  
Social Philosophy ◽  
Political Rights ◽  
Human Beings ◽  
Civil And Political Rights ◽  
The Right ◽  
Criminology And Criminal Justice

The concept of human rights is an old idea, but its application to criminology and criminal justice is fairly new. Human rights are those rights seen as being fundamental freedoms to which all human beings are entitled. In the United States, they are referred to as civil rights, most of which are enumerated in the U.S. Constitution’s Bill of Rights and which include freedom of speech, assembly, privacy, equality before law, and other civil and political rights. Other countries have similar lists of rights guaranteed to all citizens. The notion of human rights goes beyond civil and political rights, however, and also commonly includes the right to opportunities for work, education, and fair treatment in all aspects of life. Writings on human rights cover centuries, consisting of many works of political and social philosophy that provide the basis for natural and individual rights in the face of the greater power of governments. Many of these classic works are summarized in other reference works, such as The Encyclopedia of Human Rights and The Oxford Handbook of Political Theory, both cited in this entry. This guide to sources focuses on contributions to human rights literature and their connections to criminology and criminal justice.

Mobilized by Injustice

2020 ◽  
Author(s):  
Hannah L. Walker
Keyword(s):  
New York ◽  
Criminal Justice ◽  
Civil Rights ◽  
Political Action ◽  
Negative Impact ◽  
The United States ◽  
Personal Contact ◽  
Racial Boundaries ◽  
Material Resources ◽  
Depth Interviews

Springing from decades of abuse by law enforcement and an excessive criminal justice system, members of over-policed communities lead the current movement for civil rights in the United States. Activated by injustice, individuals protested police brutality in Ferguson, campaigned to end stop-and-frisk in New York City, and advocated for restorative justice in Washington, D.C. Yet, scholars focused on the negative impact of punitive policy on material resources, and trust in government did not predict these pockets of resistance, arguing instead that marginalizing and demeaning policy teaches individuals to acquiesce and withdraw. Mobilized by Injustice excavates conditions under which, despite otherwise negative outcomes, negative criminal justice experiences catalyze political action. This book argues that when understood as resulting from a system that targets people based on race, class, or other group identifiers, contact can politically mobilize. Negative experiences with democratic institutions predicated on equality under the law, when connected to a larger, group-based struggle, can provoke action from anger. Evidence from several surveys and in-depth interviews reveals that mobilization as result of negative criminal justice experiences is broad, crosses racial boundaries, and extends to the loved ones of custodial citizens. When over half of Blacks and Latinos and a plurality of Whites know someone with personal contact, the mobilizing effect of a sense of injustice promises to have important consequences for American politics.

The Role of Religious Value in Political Judgment

1968 ◽  
Vol 30 (4) ◽  
pp. 415-427
Author(s):  
Quentin L. Quade
Keyword(s):  
New York ◽  
Civil Rights ◽  
New York Times ◽  
Religion And Politics ◽  
The United States ◽  
Religious Leaders ◽  
Political Issue ◽  
Religious Interventions ◽  
Number Of Citations

In The issues of the New York Times from February, 1965, to November, 1967, religious leaders and groups are reported 185 times commenting on one political issue: Vietnam. If a comparable search were done on an inclusive list of political topics, such as civil rights, the number of citations would be greatly multiplied. Most of these statements are on substantive issues — the United States should do this, do that — rather than on the theoretical questions about religion's role vis à vis politics. Most of these religious interventions presume some connection between religion and politics, whether articulated or not. A similar examination of some leading religious journals, for example, Chrisianity and Crisis, Commonweal, Christian Century, America, produces similar results: in articles and editorials, such publications are deeply immersed in direct commentary on political problems of our time.

Reviews in Medical Ethics

2006 ◽  
Vol 34 (3) ◽  
pp. 629-631
Author(s):  
Susan Herrick
Keyword(s):  
Mental Health ◽  
New York ◽  
Civil Rights ◽  
Mental Health Professionals ◽  
Health Law ◽  
Mental Health Law ◽  
Mentally Disabled ◽  
Circuit Court ◽  
Court Of Appeals ◽  
Alternative Setting

The Bazelon Center for Mental Health Law (the Center), founded as the Mental Health Law Project by a group of attorneys and mental health professionals, has been a major advocacy force promoting the civil rights of persons with mental disabilities since the 1972 New York Willowbrook litigation.Named for D. C. Circuit Court of Appeals Judge David L. Bazelon, whose opinions first articulated the principles that the mentally disabled have a right to treatment in the least restrictive alternative setting, the Center has actively pursued greater rights for the mentally disabled in housing, education, and federal entitlements such as Medicaid, as well as in treatment-related issues.

scholarly journals Lawyers With Disabilities: L’Handicape C’est Nous

2008 ◽  
Vol 69 (3) ◽  
Author(s):  
Anita Bernstein
Keyword(s):  
Civil Rights ◽  
The United States ◽  
Disabled Persons ◽  
Racial Justice ◽  
Federal Law ◽  
Persons With Disabilities ◽  
American Federation ◽  
Brown Decision ◽  
Physically Handicapped ◽  
Rights Issue

For having helped to make disability a twentieth-century civil rights issue in the United States, our profession deserves much credit. Lawyers have written, codified, and enforced several progressive initiatives. Inspired by the struggle for racial justice through law that culminated in Brown v. Board of Education, the disability rights movement was itself a civil rights inspiration even before the Brown decision, earning important early legislative advances for rehabilitation, vocational training, and integration of disabled persons in public life. The first national organization to focus on disability as such rather than one particular condition, the American Federation of the Physically Handicapped, took an early interest in fostering legal change and lobbied for employment-discrimination laws and new statutes to advance the interests of disabled Americans. The Rehabilitation Act of 19733 made federal law out of the radical yet sensible idea that societies construct disability at least as much as they reflect it and that prejudices and stereotypes, which are as potent as purely medical or anatomical facts, impede persons with disabilities.

scholarly journals Combating the organized crime by means of an unorganized law

2003 ◽  
Vol 75 (9-10) ◽  
pp. 192-202
Author(s):  
Slobodan Beljanski
Keyword(s):  
Civil Rights ◽  
Organized Crime ◽  
Minority Rights ◽  
Political Rights ◽  
Convention Against Torture ◽  
Civil And Political Rights ◽  
The Republic

The author points out the differences in definitions of organized crime and the problems that may occur in application of provisions having undetermined or open contents. In the second part of the work the author analyses disharmony that exists between certain provisions of the amended law on organization and competence of state authorities in combat against organized crime with the constitution of the Republic of Serbia, the Constitutional charter, the Charter on Human and minority rights and civil rights, the International Covenant on civil and political rights and the Convention against torture and other severe, inhuman or degrading sentences or procedures.

Epilogue

2019 ◽  
pp. 338-356
Author(s):  
Joseph P. Reidy
Keyword(s):  
Civil Rights ◽  
New World ◽  
Black Americans ◽  
Political Rights ◽  
Civil Rights Act ◽  
Freedmen's Bureau ◽  
Racial Democracy ◽  
Civil And Political Rights ◽  
Freed People ◽  
Radical Reconstruction

The defeat of the Confederacy destroyed slavery and the slaveholders' quest for an independent nation. The Freedmen's Bureau, established by Congress weeks before the surrender, aimed to construct a system of compensated labor on the ruins of slavery and to identify and protect the rights that freed people needed to function in the new world of freedom. They encountered strong opposition from former slaveholders, which President Andrew Johnson's lenient reconstruction policy appeared to encourage. When Radical Republicans gained the upper hand, they enacted sweeping legislation designed to reconstruct the seceded states on the principle of racial democracy (the Reconstruction Acts) and to safeguard black Americans' civil and political rights (a Civil Rights Act and the Thirteenth, Fourteenth, and Fifteenth Amendments). But by failing to legislate a redistribution of Southern land, the Radicals squelched the freed people's most cherished hope for economic advancement. Although this and other setbacks-including the violent overthrow of Radical Reconstruction in 1876-dampened hopes, the quest for freedom and equality endured.

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