Harris & Ewing, Inc., Public Domain, Wikimedia Commons
Harris & Ewing, Inc., Public Domain, Wikimedia Commons

Can a Person Refuse a Presidential Pardon?

Harris & Ewing, Inc., Public Domain, Wikimedia Commons
Harris & Ewing, Inc., Public Domain, Wikimedia Commons

Presidential pardons have been in the news lately, which has led to an onslaught of questions about just how far a president's pardoning powers extend—and what would happen if the person being offered the pardon declined it altogether? Is such a thing even possible, or does the pardoned individual in question have no choice in the matter? Believe it or not, it's an issue that has come up a few times over the past two centuries—and the answer isn't exactly a clear-cut one.

To fully answer the question, first an important distinction has to be made between commutation and pardoning. Both are part of the pardoning powers given to the president, but differ in levels. Speaking to ABC News, Randy Barnett, a professor at Georgetown University, explained that "Pardon is an 'executive forgiveness of crime'; commutation is an ‘executive lowering of the penalty.'" And the answer to the question depends on that distinction.

UNITED STATES V. WILSON

In 1833 the Supreme Court heard the case of the United States v. George Wilson. On May 27, 1830, Wilson and co-conspirator James Porter were both sentenced to death after being convicted of robbing a U.S. postal worker and putting the carrier’s life in jeopardy. While Porter was executed just over a month later, on July 2, 1830, Wilson managed to escape the sentence. President Andrew Jackson decided to pardon Wilson for the death penalty charge on the understanding that he had yet to be sentenced for other crimes (for which he was looking at a minimum of 20 years). For some reason Wilson waived the pardon, possibly because of confusion about what case he was being tried for at the time and what cases the pardon was for.

In 1833, the Supreme Court ultimately weighed in on the issue, ruling “A pardon is a deed, to the validity of which delivery is essential, and delivery is not complete without acceptance. It may then be rejected by the person to whom it is tendered, and if it be rejected, we have discovered no power in a court to force it on him.” (Strangely, the details of whether or not Wilson was ever executed are lost to time.)

BURDICK V. UNITED STATES

This right of refusal was affirmed in 1915. George Burdick, city editor of the New York Tribune, refused to testify regarding sources for articles on alleged custom fraud by invoking his Fifth Amendment rights [PDF]. President Woodrow Wilson then gave a pardon to Burdick, protecting him from any charge he may incriminate himself of during his testimony. The idea behind the pardon was to force Burdick to testify, under the theory that he could no longer be convicted for any acts he may reveal. But Burdick rejected the pardon, continued to invoke his rights, and was found guilty of contempt.

The Supreme Court ruled that Burdick was within his rights to refuse the pardon and as such he did not lose his Fifth Amendment rights.

BIDDLE V. PEROVICH

A 1927 ruling added a new wrinkle to the pardoning issue. In 1905, Vuco Perovich was sentenced to hang for murder, which President Taft commuted to life imprisonment a few years later. Perovich was then transferred from Alaska to Washington, and later to Leavenworth. Perovich eventually filed an application for writ of habeas corpus, claiming that his commutation was done without his consent. The Supreme Court ultimately ruled that "the convict’s consent is not required."

This ruling has led decades of legal scholars to wonder if the Perovich ruling overturned these earlier cases, with Supreme Court Justice Oliver Wendell Holmes Jr. arguing “Whether these words sound the death knell of the acceptance doctrine is perhaps doubtful. They seem clearly to indicate that by substantiating a commutation order for a deed of pardon, a President can always have his way in such matters, provided the substituted penalty is authorized by law and does not in common understanding exceed the original penalty" [PDF].

In other words: You may be able to refuse a pardon, but you would not be able to refuse a commutation.

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What Do Morticians Do With the Blood They Take Out of Dead Bodies?
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Zoe-Anne Barcellos:

The blood goes down the sink drain, into the sewer system.

I am not a mortician, but I work for a medical examiner/coroner. During an autopsy, most blood is drained from the decedent. This is not on purpose, but a result of gravity. Later a mortician may or may not embalm, depending on the wishes of the family.

Autopsies are done on a table that has a drain at one end; this drain is placed over a sink—a regular sink, with a garbage disposal in it. The blood and bodily fluids just drain down the table, into the sink, and down the drain. This goes into the sewer, like every other sink and toilet, and (usually) goes to a water treatment plant.

You may be thinking that this is biohazardous waste and needs to be treated differently. [If] we can’t put oil, or chemicals (like formalin) down the drains due to regulations, why is blood not treated similarly? I would assume because it is effectively handled by the water treatment plants. If it wasn’t, I am sure the regulations would be changed.

Now any items that are soiled with blood—those cannot be thrown away in the regular trash. Most clothing worn by the decedent is either retained for evidence or released with the decedent to the funeral home—even if they were bloody.

But any gauze, medical tubing, papers, etc. that have blood or bodily fluids on them must be thrown away into a biohazardous trash. These are lined with bright red trash liners, and these are placed in a specially marked box and taped closed. These boxes are stacked up in the garage until they are picked up by a specialty garbage company. I am not sure, but I am pretty sure they are incinerated.

Additionally anything sharp or pointy—like needles, scalpels, etc.—must go into a rigid “sharps” container. When they are 2/3 full we just toss these into one of the biotrash containers.

The biotrash is treated differently, as, if it went to a landfill, then the blood (and therefore the bloodborne pathogens like Hepatitis and HIV) could be exposed to people or animals. Rain could wash it into untreated water systems.

This post originally appeared on Quora. Click here to view.

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Why Does Asparagus Make Your Pee Smell Funny?
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The asparagus has a long and storied history. It was mentioned in the myths and the scholarly writings of ancient Greece, and its cultivation was the subject of a detailed lesson in Cato the Elder's treatise, On Agriculture. But it wasn't until the turn of the 18th century that discussion of the link between asparagus and odorous urine emerged. In 1731, John Arbuthnot, physician to Queen Anne, noted in a book about food that asparagus "affects the urine with a foetid smell ... and therefore have been suspected by some physicians as not friendly to the kidneys." Benjamin Franklin also noticed that eating asparagus "shall give our urine a disagreeable odor."

Since then, there has been debate over what is responsible for the stinky pee phenomenon. Polish chemist and doctor Marceli Nencki identified a compound called methanethiol as the cause in 1891, after a study that involved four men eating about three and a half pounds of asparagus apiece. In 1975, Robert H. White, a chemist at the University of California at San Diego, used gas chromatography to pin down several compounds known as S-methyl thioesters as the culprits. Other researchers have blamed various "sulfur-containing compounds" and, simply, "metabolites."

More recently, a study demonstrated that asparagusic acid taken orally by subjects known to produce stinky asparagus pee produced odorous urine, which contained the same volatile compounds found in their asparagus-induced odorous urine. Other subjects, who normally didn't experience asparagus-induced odorous urine, likewise were spared stinky pee after taking asparagusic acid.

The researchers concluded that asparagusic acid and its derivatives are the precursors of urinary odor (compared, in different scientific papers, to the smell of "rotten cabbage," "boiling cabbage" and "vegetable soup"). The various compounds that contribute to the distinct smell—and were sometimes blamed as the sole cause in the past—are metabolized from asparagusic acid.

Exactly how these compounds are produced as we digest asparagus remains unclear, so let's turn to an equally compelling, but more answerable question:

WHY DOESN'T ASPARAGUS MAKE YOUR PEE SMELL FUNNY?

Remember when I said that some people don't produce stinky asparagus pee? Several studies have shown that only some of us experience stinky pee (ranging from 20 to 40 percent of the subjects taking part in the study, depending on which paper you read), while the majority have never had the pleasure.

For a while, the world was divided into those whose pee stank after eating asparagus and those whose didn't. Then in 1980, a study complicated matters: Subjects whose pee stank sniffed the urine of subjects whose pee didn't. Guess what? The pee stank. It turns out we're not only divided by the ability to produce odorous asparagus pee, but the ability to smell it.

An anosmia—an inability to perceive a smell—keeps certain people from smelling the compounds that make up even the most offensive asparagus pee, and like the stinky pee non-producers, they're in the majority.

Producing and perceiving asparagus pee don't go hand-in-hand, either. The 1980 study found that some people who don't produce stinky pee could detect the rotten cabbage smell in another person's urine. On the flip side, some stink producers aren't able to pick up the scent in their own urine or the urine of others.

Have you got a Big Question you'd like us to answer? If so, let us know by emailing us at bigquestions@mentalfloss.com.

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