Legal Forgiveness: A Historical and Jurisdictional Insight

By James Osborne

This paper explores the intersection of federalism and legal forgiveness mechanisms in the United States, emphasizing the role of the Tenth Amendment in safeguarding state autonomy. It examines how executive and legislative mechanisms, such as pardons, commutations, set-asides, and expungements, have evolved from their common law origins into modern legal practices. While executive clemency remains a crucial tool, legislative actions have also significantly shaped state-level forgiveness processes. By analyzing the balance between federal and state authority, the paper argues that states maintain the right to define and manage their mechanisms of legal forgiveness, reflecting the enduring principles of mercy, justice, and rehabilitation.