Jump to ContentJump to Main Navigation
Discretionary JusticePardon and Parole in New York from the Revolution to the Depression$
Users without a subscription are not able to see the full content.

Carolyn Strange

Print publication date: 2016

Print ISBN-13: 9781479899920

Published to NYU Press Scholarship Online: September 2017

DOI: 10.18574/nyu/9781479899920.001.0001

Show Summary Details
Page of

PRINTED FROM NYU Press SCHOLARSHIP ONLINE (www.nyu.universitypressscholarship.com). (c) Copyright University of NYU Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NYSO for personal use.date: 17 May 2022

Governing Mercy in the Emerging Republic

Governing Mercy in the Emerging Republic

Chapter:
(p.17) 1 Governing Mercy in the Emerging Republic
Source:
Discretionary Justice
Author(s):

Carolyn Strange

Publisher:
NYU Press
DOI:10.18574/nyu/9781479899920.003.0002

When the Revolution transformed New York from a British colony into a state a question arose: what would republican justice entail? This chapter reveals that the bloody code continued to operate for the first two decades of the state’s history. The first constitution, of 1777, assigned authority to the legislature to pardon in cases of murder and treason, which required the governor to share his discretionary powers with legislators. The first governor, George Clinton, was a military as well as a political leader who granted pardons and military paroles for tactical purposes as a tool of war. In the early republic Clinton urged the adoption of Enlightenment principles of mildness and certainty in punishment, but legislators resisted until 1796, when New York’s penitentiary era began.

Keywords:   American Revolution, criminal justice, bloody code, Enlightenment, pardon, military parole, New York

NYU Press Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.