IN THE MATTER OF THE EXECUTIVE COMMUNICATION OF THE 23D OF SEPTEMBER, 1872
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This advisory opinion from the Florida Supreme Court clarifies the broad effect of a pardon under Florida law, stating it restores civil rights and renders the offender as innocent in the eyes of the law as if the offense had never occurred, mirroring federal precedent.
A full pardon under Florida law reaches both the punishment and the guilt of the offender, remitting punishment and nullifying guilt, thereby restoring all civil rights and making the offender legally innocent.
“a pardon reaches-both the punishment prescribed for the offence, and the guilt of the offender. When the pardon is full, it remits the punishment and hlots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offence.”
explains the comprehensive effect of a full pardon on punishment and guilt.
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Join FLexlaw to unlock all legal intelligenceThe Florida Supreme Court issued an advisory opinion in response to a communication from the Governor of Florida regarding the legal effect of a pardo…
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Supreme Court Room, ■ Tallahassee, Fla.,
To His Excellency Harrison Reed,
Governor of Florida:
Sir : In reply to your communication as to the effect of pardon under the Constitution and laws of -the State off Florida, I would respectfully state that “ a pardon reaches-both the punishment prescribed for the offence, and the guilt of the offender. When the pardon is full, it remits the punishment and hlots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offence. If granted before conviction, it prevents any of the penalties and disabilities consequent upon conviction from attaching; if granted after conviction, it removes the penalties and disabilities and restores him to all his civil rights. It makes him as it were a new man, and gives him a new credit and capacity. There is only this limitation to its operation: it does not restore offices forfeited or property or interests vested in others in consequence of the conviction and judgment.” (Ex parte Garland, 4 Wallace, 380.)
This is the language of the Supreme Court of the United States when determining the effect of a full pardon by the President of the United States. There is nothing in the Constitution or laws of this State to vary its effect here.
For the Court.
Yery respectfully,
James D. Westcott, Jr.,
Ass. Justice Supreme Goivrt of Florida.
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Singleton v. State, 38 Fla. 297 (Fla. 1896)…e punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offense.” This has been approved in an opinion of the Justices of this court (Advisory Opinion to Governor, 14 Fla. 318). ' It is settled law that the pardon of an offense not only blots out the crime committed, but removes all disabilities resulting from the conviction. “Imprisonment and hard labor are not the only punishments which the law inflicts upon those who v…
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Page v. Watson, 140 Fla. 536 (Fla. 1938)…he punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offense.’ This has been approved in an opinion of the Justice of this Court (Advisory Opinion to Governor, 14 Fla. 318). It is settled law that the pardon of an offense not only blots out the crime committed, but removes all disabilities resulting from the conviction. ‘Ixnprisonment and hard labor are not the only punishments which the law inflicts upon those who vi…
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Marsh v. Garwood, 65 So. 2d 15 (Fla. 1953)…s of conviction — his disabilities, and restores him to-his customary civil rights, which are generally recognized as the right to hold office, to vote, to render jury service, and to be a witness. Opinion of Justice (In re Executive Communication), 14 Fla. 318; Singleton v. State, 38 Fla. 297, 21 So. 21, 34 L.R.A. 251; Page v. Watson, 140 Fla. 536, 192 So. 205, 126 A.L.R. 249. A conditional pardon is the same in ultimate-consequences as a full pardon. Once a. convict fulfills the conditions of a condition…
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