Review by Choice Review
Moore has made an important contribution to punishment theory in general and to an all too frequently neglected aspect of punishment in particular, namely, the role of the pardon in the criminal justice system. The book in divided into three parts. Part 1 provides a philosophical and historical overview of the pardoning power. Here Moore presents cases that will arouse both laughter and anger as she explains clearly and cogently the development of the practice of the pardoning power along with corresponding philosophical justifications of such power. In this context the author considers a variety of arguments for and against the pardoning power, including the perspectives of natural law, retributivism, and utilitarianism. Her discussions are grounded as well in state and federal legal cases. In Part 2 Moore develops her own retributivist position on the pardoning power. She distinguishes between legalistic and moralistic retributivism, and she justifies pardons in terms of innocence, excuses, justifications, and adjustments to sentences. Part 3 provides a set of practical and theoretical applications of the pardoning power, and concludes with some recommendations on how presidential pardoning practices should be changed. This book should be read by anyone interested in crime and punishment. All terms, concepts, and arguments are clearly defined and logically developed. The endnotes, bibliography, and index are excellent. Highly recommended for public and undergraduate libraries. -M. A. Foley, Marywood College
Copyright American Library Association, used with permission.
Review by Choice Review