in vinculis (in ving-ky[schwa]-lis). [Latin “in chains”] In actual custody. “The engagement of a magistrate to an accomplice, that if he will give his evidence, he will experience favor, is merely in the nature of a recommendation to mercy, for no authority is given to a justice of the peace to pardon an offender, and […]
misericordia (miz-[schwa]-ri-kor-dee-[schwa]). [Law Latin] Hist. 1. Mercy. 2. An arbitrary fine as a punishment. 3. An exemption from a fine.
allocutory ([schwa]-lok-y[schwa]-tor-ee), adj. Of or relating to an allocution (allocutory pleas for mercy).
clemency (klem-[schwa]n-see), n. Mercy or leniency; esp., the power of the President or a governor to pardon a criminal or commute a criminal sentence. — Also termed executive clemency. See PARDON; COMMUTATION. [Cases: Pardon and Parole 21. C.J.S. Pardon and Parole §§ 1–2, 5.] — clement (klem-[schwa]nt), adj.
amerce ([schwa]-m[schwa]rs), vb. 1. To impose a fine or penalty that is not fixed but is left to the court’s discretion; to punish by amercement. 2. To fine or punish in any manner. — amerceable ([schwa]-m[schwa]r-s[ schwa]-b[schwa]l), amerciable ([schwa]-m[schwa]r-see-[schwa]-b[ schwa]l), adj. “There were two more aspects to this financial scheme of permitting suitors to use
quarter, n. 1. In the law of war, the act of showing mercy to a defeated enemy by sparing lives and accepting a surrender (to give no quarter). 2. See quarter section under SECTION.
prerogative (pri-rog-[schwa]-tiv), n. An exclusive right, power, privilege, or immunity, usu. acquired by virtue of office. — prerogative, adj. prerogative of mercy. The limited discretionary power of a supreme authority, such as a state governor, national president, or sovereign, to commute a death sentence, change the method of execution, or issue a pardon, esp. for
neck verse. Hist. A verse, usu. consisting of the opening verse of Psalm 51 (Miserere mei, Deus “Have mercy on me, O God”), which was used as a literacy test for an accused who claimed benefit of clergy. • An accused who read the passage satisfactorily would not receive the maximum sentence (the person’s neck
allocution (al-[schwa]-kyoo-sh[schwa]n), n. Criminal procedure. 1. A trial judge’s formal address to a convicted defendant, asking him or her to speak in mitigation of the sentence to be imposed. • This address is required under Fed. R. Crim. P. 32(c)(3)(C). 2. An unsworn statement from a convicted defendant to the sentencing judge or jury in