What Is an Amnesty Scheme?
On the surface, amnesty schemes are about reconciliation, as President Jimmy Carter demonstrated in 1977 by extending a pardon for Vietnam War-era draft evaders. At the most mundane level, libraries and local governments have used them to recover long-overdue books and unpaid fees. During times of crisis, amnesties are often posited as goodwill gestures to reunite warring factions torn apart by strife. Whatever their motivations, amnesty schemes remain a hotly debated tool for cleaning the social slate, depending on which side of the question the interpreter stands.
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History
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Amnesty schemes can be as sweeping or specific as the side making the offer wishes. In 1660, King Charles II announced---through the Declaration of Breda---that combatants in the English Civil War would not be punished, no matter which they side they took. The document pointedly excluded the men who had executed his father, Charles I. President Andrew Johnson followed a similar path in 1865, by exempting 14 types of Confederate officials who fought the Union during the Civil War. However, by 1868, successive amendments led to an unconditional amnesty for all former Confederates.
Time Frame
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Amnesties are often fraught with political peril, as President Gerald Ford learned in 1974, in proposing that Vietnam draft evaders and military deserters surrender to the federal government and do two years of service. The plan drew sharp reaction from veterans, many of whom returned their medals in protest. Ford's successor, Jimmy Carter, aroused different passions with an amnesty plan that excluded military deserters and draft evaders implicated in violent or unlawful acts.
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Types
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Not all amnesty schemes have dramatic implications. Local libraries have often successfully used them to recover overdue or missing books. Amnesties also have become a permanent fixture of the municipal landscape--whether the intent is to help residents catch up on past due child support and tax obligations, or surrender items, such as guns.
Function
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Many politicians freely acknowledge using amnesties to pursue political objectives, as President Abraham Lincoln, and his successor, Johnson, did by pursuing a less punitive approach against the defeated Confederacy. Hostile regimes, such as the military juntas of Myanmar and Nigeria, have also latched onto amnesties by releasing handfuls of political prisoners, saving their higher-profile counterparts as future potential bargaining chips.
Considerations
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Amnesty opponents frequently single out their pragmatic elements for criticism. One notable example came in 2002, when outgoing Illinois Gov. George Ryan commuted all 172 death sentences in his state, and issued 544 pardons--citing the release of several high-profile death row inmates as proof the justice system had broken down. Outraged victims argued that Ryan, who faced accusations of political corruption, cared more about burnishing his image. Similar charges dogged the work of South Africa's Truth and Reconciliation Commission, which was considered more effective in revealing the scope of apartheid-era atrocities than in achieving closure for many victims.
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References
Resources
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