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Amnesty (from the
Ancient Greek Ancient Greek includes the forms of the Greek language used in ancient Greece and the ancient world from around 1500 BC to 300 BC. It is often roughly divided into the following periods: Mycenaean Greek (), Dark Ages (), the Archaic peri ...
ἀμνηστία, ''amnestia'', "forgetfulness, passing over") is defined as "A
pardon A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the ju ...
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." Though the term general pardon has a similar definition, an amnesty constitutes more than a pardon, in so much as it obliterates all legal remembrance of the offense. 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 The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
may be granted by the crown or by an act of
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
, 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 Thrasybulus (; grc-gre, Θρασύβουλος ; 440 – 388 BC) was an Athenian general and democratic leader. In 411 BC, in the wake of an oligarchic coup at Athens, the pro-democracy sailors at Samos elected him as a general, making him a ...
at
Athens Athens ( ; el, Αθήνα, Athína ; grc, Ἀθῆναι, Athênai (pl.) ) is both the capital and largest city of Greece. With a population close to four million, it is also the seventh largest city in the European Union. Athens dominates ...
, 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 Charles II (29 May 1630 – 6 February 1685) was King of Scotland from 1649 until 1651, and King of England, Scotland and Ireland from the 1660 Restoration of the monarchy until his death in 1685. Charles II was the eldest surviving child of ...
did not extend to those who had taken part in the execution of his father. Other famous amnesties include:
Napoleon Napoleon Bonaparte ; it, Napoleone Bonaparte, ; co, Napulione Buonaparte. (born Napoleone Buonaparte; 15 August 1769 – 5 May 1821), later known by his regnal name Napoleon I, was a French military commander and political leader who ...
's amnesty of March 13, 1815, from which thirteen eminent persons, including Talleyrand, were exempt; the
Prussia Prussia, , Old Prussian: ''Prūsa'' or ''Prūsija'' was a German state on the southeast coast of the Baltic Sea. It formed the German Empire under Prussian rule when it united the German states in 1871. It was ''de facto'' dissolved by an em ...
n 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 The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United Stat ...
,
Andrew Johnson Andrew Johnson (December 29, 1808July 31, 1875) was the 17th president of the United States, serving from 1865 to 1869. He assumed the presidency as he was vice president at the time of the assassination of Abraham Lincoln. Johnson was a Dem ...
, after the
American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...
(1861–1865), in 1868, and the French amnesty of 1905. 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. Those were true amnesties, pardoning past violations without changing the laws violated.


Purposes

An amnesty may be extended when the authority decides that bringing citizens into compliance with a law is more important than punishing them for past offenses. Amnesty after a war helps end a conflict. While laws against treason, sedition, etc. are retained to discourage future traitors during future conflicts, it makes sense to forgive past offenders, after the enemy no longer exists which had attracted their support but a significant number remains in flight from authorities. In 1718, when a general pardon was offered to pirates by the British, its advocates hoped it would dissuade recipients from entering Spanish service while the countries were at war. Amnesty is often used to encourage people to turn in
contraband Contraband (from Medieval French ''contrebande'' "smuggling") refers to any item that, relating to its nature, is illegal to be possessed or sold. It is used for goods that by their nature are considered too dangerous or offensive in the eyes o ...
, as in the case of China's gun restrictions, or the Kansas City ban on pit bulls. Advantages of using amnesty may include avoiding expensive prosecutions (especially when massive numbers of violators are involved), prompting violators to come forward who might otherwise have eluded authorities, and promoting reconciliation between offenders and society. An example of the latter was the amnesty that was granted to
conscientious objector A conscientious objector (often shortened to conchie) is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of thought, conscience, or religion. The term has also been extended to object ...
s and
draft evader Draft evasion is any successful attempt to elude a government-imposed obligation to serve in the military forces of one's nation. Sometimes draft evasion involves refusing to comply with the military draft laws of one's nation. Illegal draft ev ...
s in the wake of the
Vietnam War The Vietnam War (also known by #Names, other names) was a conflict in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. It was the second of the Indochina Wars and was officially fought between North Vie ...
in the 1970s, in an effort by President
Jimmy Carter James Earl Carter Jr. (born October 1, 1924) is an American politician who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party (United States), Democratic Party, he previously served as th ...
to heal war wounds, given that both the war and the draft were over.


Controversy

Amnesty can at times raise questions of justice. An example was the Ugandan government's offer not to prosecute alleged war criminal Joseph Kony, in hopes that further bloodshed would be avoided. David Smock noted, "The downside of it is the impunity that it implies; that people can commit atrocities and say that they will only stop if they are given amnesty..." Controversies also raise towards amnesties given to alleged perpetrators of the most serious crimes of international law (or crimes of the ''Jus Cogens'' which include genocide, crimes against humanity, war crimes, and aggression). Courts have rejected amnesties for such crimes, such as the
International Criminal Tribunal for the former Yugoslavia The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes that had been committed during the Yugoslav Wars and to try their perpetrators. The tribunal ...
and the Special Court for Sierra Leone. But scholars have suggested that there should be room for amnesties which were imperative necessities to achieve peace and accompanied by effective Truth and Reconciliation Commissions. One particular case was in Uruguay: the controversial
Law on the Expiration of the Punitive Claims of the State The Law on the Expiration of the Punitive Claims of the State ( es, Ley de Caducidad de la Pretensión Punitiva del Estado), called in short the Expiry Law ( es, Ley de Caducidad) granted an amnesty of sorts to the military who eventually committed ...
pretended to put an end to unsolved issues deriving from 12 years of civic-military dictatorship; local human rights organizations challenged that law and called a referendum in 1989 which confirmed the law by 56% of the popular vote.


Immigrant amnesty

The Immigration Reform and Control Act of 1986—signed into law by President
Ronald Reagan Ronald Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...
on November 6, 1986—granted amnesty to about 3 million undocumented immigrants in the United States. A controversial issue in the United States is whether undocumented immigrants should be granted some form of amnesty. It is proposed that undocumented immigrants be able to come forward and immediately receive probationary status. California Republican Governor
Arnold Schwarzenegger Arnold Alois Schwarzenegger (born July 30, 1947) is an Austrian and American actor, film producer, businessman, retired professional bodybuilder and politician who served as the 38th governor of California between 2003 and 2011. ''Time'' ...
said an amnesty program like the one the federal government undertook in 1986 would be ill-advised today. "It backfired big-time. It sent the wrong message: You come here illegally, and then we go and give you amnesty. So then, the next million come and they say, 'Hey, we get amnesty, this is really terrific'."


Related uses of the term

* The term amnesty is also any initiative where individuals are encouraged to turn over illicit items to the authorities, on the understanding that they will not be prosecuted for having been in possession of those items. A common use of such amnesties is to reduce the number of firearms or other weapons in circulation. Several public schools with a zero-tolerance policy on drugs or weapons have an "
amnesty box An amnesty bin or amnesty box is a receptacle into which items can be placed without incurring consequences related to those items. Amnesty bins have been used for various items, including drugs, weapons, fruit, invasive species, and animals. A ...
" in which students may dispose of contraband objects brought to school without consequence. * Amnesty was used in South Africa, during the 1990s, as part of the TRC (
Truth and Reconciliation A truth commission, also known as a truth and reconciliation commission or truth and justice commission, is an official body tasked with discovering and revealing past wrongdoing by a government (or, depending on the circumstances, non-state act ...
) * An amnesty law is any law that retroactively exempts a select group of people, usually military leaders and government leaders, from criminal liability for crimes committed. * In the illegal immigration debate, allowing illegal immigrants to legally remain in the United States is often called, usually by its opponents, amnesty.Legalization or Amnesty? : Immigrants' Rights : AFSC
Some observers contend that the word amnesty is improperly applied here. One reason is that the proposals under consideration include financial penalties for illegal immigrants. Another reason is that the government's current practice is generally to deport but not prosecute illegal immigrants and so there is sometimes no legal adjudication of "guilt" to be forgiven. * Many libraries have an amnesty week where people can return late library books and they will not be charged a fine for having them out. * At the
United States Military Academy The United States Military Academy (USMA), also known metonymically as West Point or simply as Army, is a United States service academy in West Point, New York. It was originally established as a fort, since it sits on strategic high groun ...
, United States Air Force Academy, and the
United States Naval Academy The United States Naval Academy (US Naval Academy, USNA, or Navy) is a federal service academy in Annapolis, Maryland. It was established on 10 October 1845 during the tenure of George Bancroft as Secretary of the Navy. The Naval Academy ...
, any head of state visiting the academy may ask the Superintendent to grant amnesty to members of the Corps of Cadets with outstanding punishment tours, freeing the restricted cadets from further punishment tours. In the past this was for all offenses, but in recent times only cadets with minor offenses (company board) are eligible for amnesty, while cadets with major offenses (regimental or higher board) are ineligible.


References


External links

*
International Center for Transitional Justice, Criminal Justice page
{{Authority control Clemency Criminal law legal terminology Peace mechanisms Impunity