Clemency

Clemency.—Clemency is a virtue that inclines one, from a spirit of kindness and moderation, to be as easy in inflicting punishments as the claims of justice will allow.

(a) Clemency is a virtue, because it is reasonable, does good to others, and makes the doer good. It is beneficial to public as well as private interest: “Mercy and truth preserve the king, and his throne is strengthened by clemency” (Prov., xx. 28).

(b) It inclines one to be easy, that is, to temper or relax the severity of the law. Thus, it differs from the virtues of legal justice and of charitable forgiveness, the former of which, when necessary, insists on the full rigor of the law (see 2381 sqq.), whereas the latter, when permissible, grants an enemy a full pardon (see 1198).

(c) Its matter is punishment, that is, the external evil of chastisement visited on wrongdoers. Hence, it differs from meekness, which deals with the internal emotion of anger, and from mercy, which deals with external goods bestowed upon the suffering.

(d) It is easy only in so far as the claims of justice will allow; that is, it acts from a sense of responsibility to the rights and claims of the common good and of all the interests involved, and decides according to an impartial and enlightened judgment that circumstances of person, deed, cause, etc., call for a departure from the strict requirements of law or custom. Clemency is not the same thing, then, as arbitrary laxity or sentimentalism.

(e) It is moved in the first place by kindness to the offender, and thus it differs both from the virtue of equity (which acts from the sense of higher justice) and from the vices of favoritism, extortion, and cowardice (which extend forbearance only to friends or to those who offer bribes or who bring pressure to bear).

(f) It is moved secondly by a spirit of moderation. Many persons are spoiled by authority: feeling their own importance, they desire to exercise their powers to the limit and to keep others down as much as possible. The clement man, on the contrary, keeps his poise and uses his authority with moderation. Meekness should be practised by all, but clemency is the proper virtue of superiors.

The Vices Opposed to Clemency.—(a) The extreme of defect is cruelty, which is a hardness of heart, not moved by the sufferings of others, that disposes one to inflict excessive punishments. The worst form of cruelty is savagery, which takes inhuman delight in the sufferings of others and inflicts pain without regard for guilt or innocence.

(b) The extreme of excess is undue leniency, which spares the rod when it should be used. There are times when severity is necessary, as when a crime was malicious and cold-blooded, when an offender is stubborn and irreformable, and when mildness will harm the public welfare or invite the sinner to repeat his offense. In such cases it would be unwise and harmful to mitigate the sentence which wise statutes or customs provide for the offense.