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Provisionist: "A convicted criminal can receive a pardon, but unless he accepts it he will remain imprisoned."
This is false on a couple of different levels, and the truth of the matter just underscores the good news of Christ's atoning sacrifice. First, the person is no longer a "convicted criminal," and second, he can't voluntarily "remain imprisoned."
First, under the law, the person who receives a pardon is no longer a convicted criminal. A full pardon not only releases him from the punishment for the offense but also blots out of existence his guilt, so that he is deemed to have never committed the offense for which the pardon was granted. This effectively removes the legal basis for his imprisonment. He is, according to law, an innocent and free man.
Second, because there is no longer any legal justification for his incarceration, he can't just stay in prison. That would be unlawful detention. The prison authorities are required, legally obligated, to release the pardoned individual. Prisons are institutions for lawful detention, not voluntary residency. He can insist that he doesn't accept the pardon, but he will have to do that outside of the prison—because he is both innocent and free. And free people can rant as delusionally as they like.
This is false on a couple of different levels, and the truth of the matter just underscores the good news of Christ's atoning sacrifice. First, the person is no longer a "convicted criminal," and second, he can't voluntarily "remain imprisoned."
First, under the law, the person who receives a pardon is no longer a convicted criminal. A full pardon not only releases him from the punishment for the offense but also blots out of existence his guilt, so that he is deemed to have never committed the offense for which the pardon was granted. This effectively removes the legal basis for his imprisonment. He is, according to law, an innocent and free man.
Second, because there is no longer any legal justification for his incarceration, he can't just stay in prison. That would be unlawful detention. The prison authorities are required, legally obligated, to release the pardoned individual. Prisons are institutions for lawful detention, not voluntary residency. He can insist that he doesn't accept the pardon, but he will have to do that outside of the prison—because he is both innocent and free. And free people can rant as delusionally as they like.