Amnesty (from the Greek ἀμνηστία amnestia, oblivion) is a legislative or executive act by which a state restores those who may have been guilty of an offense against it to the positions of innocent people. It includes more than pardon, in as much as it obliterates all legal remembrance of the offense. The word has the same root as amnesia. Amnesty is more and more used to express 'freedom' and the time when prisoners can go free.

Amnesties, which in the United Kingdom, may be granted by the crown alone, 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-April 9, 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.

The last act of amnesty passed in Great Britain was that of 1747, which pardoned those who had taken part in the 1745 Jacobite Rising.

Purposes

Another advantage of amnesty is that immigrants would be allowed to qualify for higher paying jobs, scholarships, and other services. According to the Center for Study of Immigration Integration, if California alone were to adopt an amnesty program, they would benefit by $16 billion dollars (Pastor, 2010).

With amnesty, immigrants can seek out higher education. A RAND study found that, by the age of 30, a Mexican immigrant woman who becomes a legal resident can obtain a college degree. With a college degree she will pay $5,300 more in taxes and cost $3,900 less in government expenses each year compared to a high-school dropout with similar characteristics. Workers who lacked a high-school diploma in 2006 earned an average of only $419 per week and had an unemployment rate of 6.8 percent. In contrast, workers with a bachelor’s degree earned $962 per week and had an unemployment rate of 2.3 percent, while those with a doctorate earned $1,441 and had an unemployment rate of only 1.4 percent (Gonzales, 2010).

Controversy

A controversial issue in the United States is whether illegal immigrants should be granted some form of amnesty. It is proposed that illegal immigrants be able to come forward and immediately receive probationary status. This is criticized as being a reward for breaking the law. California Republican Governor Arnold Schwarzenegger said an amnesty program similar to the one the federal government undertook in the late 1980s would be ill-advised today. It just didn't work. "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 (Press, 2005).

It is proposed that at the national level an amnesty program would cost $2.6 trillion (Rector, 2007). This would only include the costs for the first year. The Federal Government would need to hire additional workers to help register immigrants, increasing costs for labor and or facilities. A further point to be made is that there is strong reason to believe that an amnesty program would draw far more immigrants into the U.S. to receive amnesty, so the costs would continue to increase.

Due to the large number of illegal immigrants residing in the U.S., the government had to hire outside contractors. This led to mass cases of fraudulent activity. Illegal immigrants were paying off workers to falsify information, grant amnesty for family and or friends, and providing other relevant services. In 1986 it was found that 2.6 million immigrants received amnesty fraudulently Because of the effects of the past amnesty policy, many fear that an attempt to implement another amnesty policy would be a failure. Opponents of an amnesty policy feel that a similar situation to that of 1986 would occur, with bribery and registering of unqualified immigrants.

Related uses of the term

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 amnesty. Some observers contend that the word amnesty is improperly applied here. One reason for this contention 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 to prosecute illegal immigrants and there is sometimes no legal adjudication of "guilt" to be forgiven.

Improper uses of the term

Often wrongly or purposely used by politicians and/or journalists to denote cases of pardon where offenses are not stricken from the record and individuals proclaimed innocent. Instead, those individuals receive some lesser reprimand or sentence in response to an admission of guilt. Otherwise defined as an act of leniency but not amnesty, per se.

See also

References

Category:Criminal law