Pardons, Justifications and Rationalizations
In recent days, at least two of the jurors in the Scooter Libby case have said that they would not object to a presidential pardon on his behalf. This reminded me that, in the past, many presidential pardons have been justified, in part, on the basis of the fact that jurors supported clemency. Juror support for clemency is, of course, much more impressive when joined by a judge or prosecuting attorney.
Only one study has ever been done of the justifications that presidents have given for their pardons. That's right, ONE. And it was published way back in 1941, back when you could actually do such research. You see, from about 1883 to 1932, the Annual Report of the U.S. Attorney General listed every pardon recipient and information about their particular case (date of conviction, sentence, state of origin, etc.). At the far right of the page sat a column where the attorney general or the president could leave a remark explaining the clemency decision. Political scientist W.H. Humbert went through all of the Reports and categorized explanations. Even as he did so, he was careful to note that the public reasons given for clemency are not necessarily the real reasons and, when multiple explanations are given, there is no way to know which considerations were given the most weight.
Nonetheless, this is what he found: Presidents have pardoned individuals on account of both youth and advanced age. Pardons have been granted to those who have had the support of large numbers of “respectable citizens” and to those who were “friendless.” Criminals have walked out of prisons because they were “reformed,” because they “promised” to reform, or because leaving prison might cause those remaining behind them to reform.
Some have been pardoned because they were insane when they committed a crime. In other instances, judges and prosecutors decided insanity was probably a factor after thinking the case over fifteen or twenty years. Some have been pardoned because, unfortunately, they went insane in prison. Presidents have also granted pardons to individuals immediately following their conviction because sending them to prison might very well - you guessed it - cause them to go insane. In other instances, pardons have been granted in order that individuals might leave prison, return home, and take care of someone else who went insane, was going insane, or did not really want to go insane.
Farmers have been released from prison early to work (or to save) their crops. Professional fishermen have been released early so they would not miss “the season.” Those who have had to travel have been pardoned early so they could catch their “steamer” without delay. Both believers and non-believers have benefited from so-called Christmas clemency.
My own research (with David Kincaid) has uncovered the following: Lincoln favored pardon applicants who were “anxious” to serve in the army. Benjamin Ogle (sentenced to eight years in prison for manslaughter) received a pardon from Lincoln, in part, because Ogle was “rather remarkable for his good-humored disposition.” Lincoln was also moved by John Lawson’s “reputation for honesty.” Lawson (alias John Lassano) had been sentenced to seven years in prison for passing counterfeit money.
In sum, it is worth remembering that 1) the president can give any reason for a pardon, or no reason at all 2) critics will always have a range in which to guess that the public reasons are not necessarily the real reasons.
Only one study has ever been done of the justifications that presidents have given for their pardons. That's right, ONE. And it was published way back in 1941, back when you could actually do such research. You see, from about 1883 to 1932, the Annual Report of the U.S. Attorney General listed every pardon recipient and information about their particular case (date of conviction, sentence, state of origin, etc.). At the far right of the page sat a column where the attorney general or the president could leave a remark explaining the clemency decision. Political scientist W.H. Humbert went through all of the Reports and categorized explanations. Even as he did so, he was careful to note that the public reasons given for clemency are not necessarily the real reasons and, when multiple explanations are given, there is no way to know which considerations were given the most weight.
Nonetheless, this is what he found: Presidents have pardoned individuals on account of both youth and advanced age. Pardons have been granted to those who have had the support of large numbers of “respectable citizens” and to those who were “friendless.” Criminals have walked out of prisons because they were “reformed,” because they “promised” to reform, or because leaving prison might cause those remaining behind them to reform.
Some have been pardoned because they were insane when they committed a crime. In other instances, judges and prosecutors decided insanity was probably a factor after thinking the case over fifteen or twenty years. Some have been pardoned because, unfortunately, they went insane in prison. Presidents have also granted pardons to individuals immediately following their conviction because sending them to prison might very well - you guessed it - cause them to go insane. In other instances, pardons have been granted in order that individuals might leave prison, return home, and take care of someone else who went insane, was going insane, or did not really want to go insane.
Farmers have been released from prison early to work (or to save) their crops. Professional fishermen have been released early so they would not miss “the season.” Those who have had to travel have been pardoned early so they could catch their “steamer” without delay. Both believers and non-believers have benefited from so-called Christmas clemency.
My own research (with David Kincaid) has uncovered the following: Lincoln favored pardon applicants who were “anxious” to serve in the army. Benjamin Ogle (sentenced to eight years in prison for manslaughter) received a pardon from Lincoln, in part, because Ogle was “rather remarkable for his good-humored disposition.” Lincoln was also moved by John Lawson’s “reputation for honesty.” Lawson (alias John Lassano) had been sentenced to seven years in prison for passing counterfeit money.
In sum, it is worth remembering that 1) the president can give any reason for a pardon, or no reason at all 2) critics will always have a range in which to guess that the public reasons are not necessarily the real reasons.
posted by P.S. Ruckman, Jr. | 1:03 AM
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