Clemency

Overview

All states and the federal government have a process for lowering the sentence or pardoning those facing criminal charges. Clemency is an especially important consideration for those on death row. Even after all legal appeals in the courts have been exhausted, there is still a possibility that a prisoner’s life will be spared.

Clemencies in individual capital cases are rare, but there have been a number of blanket grants of clemency by governors and one by President Joseph Biden which express concern about systemic problems and the overall fairness of the death penalty. A 2025 study by DPI of individual clemencies examined the reasons cited when granting clemency. Mitigating factors was the most often cited reason, in nearly a third of all cases, closely followed by concerns about comparative culpability or excessive sentence, possible wrongful conviction, and official misconduct or unfair legal practices.

At Issue

Because the power of clemency is vested in the executive branch of the government, courts have been reluctant to impose standards on this procedure. Governors are elected; thus the process may be highly political. For these reasons, clemencies in death penalty cases are difficult to predict and immune from judicial review. For additional resources related to Clemency, go to Additional Resources.

Grants of Clemency by State

What DPI Offers

DPI keeps track of all clemencies granted in capital cases in the modern era by state and year, including the reasons given for the action. It also has compiled material on historical uses of clemency. Finally, DPI describes the differences among state laws regarding who makes the clemency decision and any constraints on the process.

Although a reprieve is technically a type of clemency, this page discusses only executive acts with permanent effects on a defendant’s conviction or sentence. Temporary holds on executions are tracked on our Outcome of Death Warrants pages.