IDEAS home Printed from https://ideas.repec.org/a/ucp/jlstud/v38y2009i1p61-88.html
   My bibliography  Save this article

The Economics of Presidential Pardons and Commutations

Author

Listed:
  • William M. Landes
  • Richard A. Posner

Abstract

This paper develops an economic model of presidential pardons (including commutations and other clemency grants). The model assumes that the number of pardons depends both on the expected benefits and costs of applying for a pardon and the president's calculation of his net political benefits from granting a pardon. We test the model using data on presidential pardons over the 1900-2005 period. Consistent with the predictions of the model, we find that increases in the likelihood of being pardoned and in the number of federal prisoners (and persons released from prison) have a positive effect on applications and that increases in the number of persons paroled (a substitute for a pardon) and in the time from conviction to pardon (which lowers the benefits of a pardon) reduce the number of applications. We also find that Democratic presidents (who we expect to be less tough on crime) are more likely than Republican presidents to grant pardons, that the crime rate has a negative impact on pardons and that the number of pardons increased during Prohibition and during wartime and postwar periods. (c) 2009 by The University of Chicago. All rights reserved.

Suggested Citation

  • William M. Landes & Richard A. Posner, 2009. "The Economics of Presidential Pardons and Commutations," The Journal of Legal Studies, University of Chicago Press, vol. 38(1), pages 61-88, January.
    • Handle: RePEc:ucp:jlstud:v:38:y:2009:i:1:p:61-88
    DOI: 10.1086/596195
    as

    Download full text from publisher

    File URL: http://dx.doi.org/10.1086/596195
    File Function: link to full text
    Download Restriction: Access to the online full text or PDF requires a subscription.
    File URL: https://libkey.io/10.1086/596195?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Laura M. Argys & H. Naci Mocan, 2004. "Who Shall Live and Who Shall Die? An Analysis of Prisoners on Death Row in the United States," The Journal of Legal Studies, University of Chicago Press, vol. 33(2), pages 255-282, June.
    2. H. Naci Mocan & R. Kaj Gittings, 2001. "Pardons, Executions and Homicide," NBER Working Papers 8639, National Bureau of Economic Research, Inc.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Briggs Depew & Ozkan Eren & Naci Mocan, 2017. "Judges, Juveniles, and In-Group Bias," Journal of Law and Economics, University of Chicago Press, vol. 60(2), pages 209-239.
    2. Alessandro Barbarino & Giovanni Mastrobuoni, 2014. "The Incapacitation Effect of Incarceration: Evidence from Several Italian Collective Pardons," American Economic Journal: Economic Policy, American Economic Association, vol. 6(1), pages 1-37, February.
    3. Alberto Alesina & Eliana La Ferrara, 2014. "A Test of Racial Bias in Capital Sentencing," American Economic Review, American Economic Association, vol. 104(11), pages 3397-3433, November.
    4. repec:esx:essedp:737 is not listed on IDEAS
    5. Naci Mocan & Erdal Tekin, 2010. "Ugly Criminals," The Review of Economics and Statistics, MIT Press, vol. 92(1), pages 15-30, February.
    6. Wayne Geerling & Gary Magee & Vinod Mishra & Russell Smyth, 2018. "Hitler's Judges: Ideological Commitment and the Death Penalty in Nazi Germany," Economic Journal, Royal Economic Society, vol. 128(614), pages 2414-2449, September.
    7. Mariana Martínez & Fabio Sánchez T. & Holly Kosiewicz, 2007. "Is justice blind? An examination of disparities in homicide sentencing in Colombia, 1980-2000," Documentos CEDE 4460, Universidad de los Andes, Facultad de Economía, CEDE.
    8. Earl L. Grinols & David B. Mustard, 2006. "Casinos, Crime, and Community Costs," The Review of Economics and Statistics, MIT Press, vol. 88(1), pages 28-45, February.
    9. H. Naci Mocan & R. Kaj Gittings, 2001. "Pardons, Executions and Homicide," NBER Working Papers 8639, National Bureau of Economic Research, Inc.
    10. Naci Mocan & Kaj Gittings, 2010. "The Impact of Incentives on Human Behavior: Can We Make it Disappear? The Case of the Death Penalty," NBER Chapters, in: The Economics of Crime: Lessons For and From Latin America, pages 379-418, National Bureau of Economic Research, Inc.
    11. Samantha Bielen & Wim Marneffe & Naci H. Mocan, 2018. "Racial Bias and In-group Bias in Judicial Decisions: Evidence from Virtual Reality Courtrooms," NBER Working Papers 25355, National Bureau of Economic Research, Inc.
    12. Loureiro, Paulo R.A. & Mendonça, Mário Jorge Cardoso de & Moreira, Tito Belchior Silva & Sachsida, Adolfo, 2009. "Crime, economic conditions, social interactions and family heritage," International Review of Law and Economics, Elsevier, vol. 29(3), pages 202-209, September.
    13. Ozkan Eren & Naci Mocan, 2018. "Emotional Judges and Unlucky Juveniles," American Economic Journal: Applied Economics, American Economic Association, vol. 10(3), pages 171-205, July.
    14. Alessandro Barbarino & Giovanni Mastrobuoni, 2014. "The Incapacitation Effect of Incarceration: Evidence from Several Italian Collective Pardons," American Economic Journal: Economic Policy, American Economic Association, vol. 6(1), pages 1-37, February.
    15. Mocan, H Naci & Gittings, R Kaj, 2003. "Getting Off Death Row: Commuted Sentences and the Deterrent Effect of Capital Punishment," Journal of Law and Economics, University of Chicago Press, vol. 46(2), pages 453-478, October.
    16. Joanna Shepherd, "undated". "The Deterrent Effect of Capital Punishment: Evidence from a "Judicial Experiment"," American Law & Economics Association Annual Meetings 1017, American Law & Economics Association.
    17. Kirstine Hansen & Stephen Machin, 2002. "Spatial Crime Patterns and the Introduction of the UK Minimum Wage," Oxford Bulletin of Economics and Statistics, Department of Economics, University of Oxford, vol. 64(supplemen), pages 677-697, December.
    18. Sarah Marx Quintanar, 2017. "Man vs. machine: An investigation of speeding ticket disparities based on gender and race," Journal of Applied Economics, Universidad del CEMA, vol. 20, pages 1-28, May.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:ucp:jlstud:v:38:y:2009:i:1:p:61-88. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Journals Division (email available below). General contact details of provider: https://www.journals.uchicago.edu/JLS .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.