As discussed in the previous post, a recent investigative report by ProPublica and The Washington Post found that there is significant racial disparity in the presidential pardons process. According to ProPublica, white applicants are four times more likely to be granted a pardon than minority applicants.

The federal prison population is 38 percent African American inmates. But of the 500 applications for presidential pardon that ProPublica examined no African American applicants were successful. On the other hand, 12 percent of white applicants and 10 percent of Hispanic applicants were successful. Overall, ProPublica believes between 2 and 4 percent of African American applications are successful.

Another case that ProPublica looked closely at was that of two women from the same town in Arkansas. One woman was white and was pardoned after serving prison time for defrauding the government by filing false tax returns in order to receive more than $25,000 in tax refunds in 1981. Her husband served more time in prison and paid a $5,000 fine. He said in the trial that he had talked her into the crime.

This woman had a similar application for a presidential pardon as an African American woman who had settled for a plea agreement wherein she pleaded guilty to one count of under-reporting her income in 1989 and paid a $3,000 fine. She believed she was innocent at the time, but paid the fine because it was cheaper than going to trial. Later, she wanted to become a nurse, but her felony conviction was keeping her from that dream. Her pardon was denied without explanation.

It is likely she was rejected because she didn't feel remorse for crimes she did not commit. One problem is that the people reviewing applications are prosecutors so they are biased toward the original prosecution. The woman may have been better off fighting the charges in 1989 if only she knew her chances to wipe the felony conviction from her record would be so low.

Source: ProPublica, "Presidential Pardons Heavily Favor Whites," Dafna Linzer and Jennifer LaFleur, Dec. 3, 2011