Amnesty - Purposes

Purposes

An amnesty may be extended when the authority decides that bringing citizens into compliance with a law is more important than punishing them for past offenses. Amnesty after a war helps end a conflict. While laws against treason, sedition, etc. are retained to discourage future traitors during future conflicts, it makes sense to forgive past offenders, after the enemy no longer exists which had attracted their support but a significant number remains in flight from authorities. Amnesty is often used to get people to turn in contraband, as in the case of China's gun restrictions, or the Kansas City ban on pit bulls. Advantages of using amnesty may include avoiding expensive prosecutions (especially when massive numbers of violators are involved); prompting violators to come forward who might otherwise have eluded authorities; and promoting reconciliation between offenders and society. An example of the latter was the amnesty that was granted to conscientious objectors and draft dodgers in the wake of the Vietnam War in the 1970s, in an effort by President Carter to heal war wounds. (There was no longer a war to protest, and there was no longer a draft to dodge.)

An example of an argument made for amnesty for undocumented immigrants is that they would be allowed to qualify for higher paying jobs, scholarships, and other services. According to the Center for Study of Immigration Integration, if California alone were to adopt an amnesty program, they would benefit by $16 billion dollars (Pastor, 2010).

With amnesty, immigrants can seek out higher education. A RAND study found that, by the age of 30, a Mexican immigrant woman who becomes a legal resident can obtain a college degree. With a college degree she will pay $5,300 more in taxes and cost $3,900 less in government expenses each year compared to a high-school dropout with similar characteristics. Workers who lacked a high-school diploma in 2006 earned an average of only $419 per week and had an unemployment rate of 6.8 percent. In contrast, workers with a bachelor’s degree earned $962 per week and had an unemployment rate of 2.3 percent, while those with a doctorate earned $1,441 and had an unemployment rate of only 1.4 percent (Gonzales, 2010).

Changing a law is a better way to achieve whatever benefit an amnesty offers, if a nation determines that the law has made criminals of people who have done no harm, or deprived the nation of a benefit, and will in the future. Changing a law allows new conditions and requirements, offering more control over the results of any change, than amnesty.

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