Recently President Obama made news when he granted pardons to 17 people, all of whom had committed nonviolent offenses, most years, if not decades, in the past. Few of these fortunate individuals had even served time in prison for their crimes. This exercise of presidential discretion almost doubles the number of pardons granted since Obama took office in 2009. Most reactions to the recent pardons have chastised him for not exercising this power more generously. And if he continues at this pace, he will come nowhere close to the numbers of pardons granted by his immediate predecessors.

The pardon power dates back to the English monarchy and was imported to the United States in the colonial era. Although occasionally exercised for political reasons, most of the time the executive pardon is accepted as a valid means of correcting injustices for the falsely or unfairly convicted, or to restore civil rights and thereby avoid unduly harsh outcomes.