Facts & Research

Clemency

Clemency is the process by which a governor, president, or administrative board may reduce a defendant’s sentence or grant a pardon. Clemencies have been granted in death-penalty cases for a variety of reasons.

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 appeals in the courts have been exhausted, there is still a possibility that the inmate’s life will be spared.

Clemencies in capital cases, however, have been rare. Aside from the occasional blanket grants of clemency by governors concerned about the overall fairness of the death penalty, less than two have been granted on average per year since 1976. In the same period, more than 1,500 cases have proceeded to execution. Among the reasons given for the granting of clemency in capital cases are: mental illness of the defendant, a co-defendant who was given a lesser sentence, inadequate legal representation, and evidence that the defendant may have been wrongly convicted.

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.

Grants of Clemency by State

What DPIC Offers

DPIC 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, DPIC 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.

News & Developments


News

Sep 26, 2024

Oklahoma, Alabama Executions Raise Concerns About Clemency Process and Execution Methods

Executions in Oklahoma and Alabama, sched­uled just hours apart on September 26, high­light issues of pro­por­tion­al sen­tenc­ing and exper­i­men­tal meth­ods of exe­cu­tion. Emmanuel Littlejohn, who was exe­cut­ed at 10:17am CT, had received a rec­om­men­da­tion of clemen­cy from Oklahoma’s Pardon and Parole Board because of con­flict­ing evi­dence about whether he or a co-defen­dant actu­al­ly killed the vic­tim. Alan Miller, sched­uled to be exe­cut­ed in the evening of September 26, sur­vived a botched lethal…

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News

Sep 20, 2024

Dismissing Codefendant’s Last-Minute Admission that Khalil Allah Was Not Present at the Crime Scene, South Carolina Supreme Court Clears Way for Today’s Execution

On September 19, 2024, attor­neys for Khalil Allah, for­mer­ly known as Freddie Eugene Owens, filed an emer­gency motion for a stay of exe­cu­tion after receiv­ing a signed affi­davit from his code­fen­dant in the 1997 shoot­ing death of Irene Graves that Mr. Allah was not present” dur­ing the crime. Just two days ahead of Mr. Allah’s sched­uled exe­cu­tion, Steven Golden, who was also charged in Ms. Graves’ death, recant­ed his tri­al tes­ti­mo­ny and said that Mr. Allah is not the per­son who shot Irene…

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News

Sep 18, 2024

Broad Coalition Supports Robert Roberson’s Clemency Petition

On September 17, 2024, attor­neys for Texas death row pris­on­er Robert Roberson filed a clemen­cy peti­tion accom­pa­nied by let­ters from hun­dreds of sup­port­ers, includ­ing emi­nent sci­en­tists and med­ical pro­fes­sion­als, a bipar­ti­san group of Texas leg­is­la­tors, and for­mer lead Detective Brian Wharton, urg­ing the Texas Board of Pardons and Paroles and Governor Greg Abbott to reduce Mr. Roberson’s sen­tence. Mr. Roberson is cur­rent­ly sched­uled to be exe­cut­ed on October 17, 2024. He was con­vict­ed and…

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News

Jul 29, 2024

Articles of Interest: Salt Lake Tribune Calls for Clemency for Taberon Honie, Urges Abolition of Death Penalty

With Utah prepar­ing for its first exe­cu­tion in 14 years, one of the state’s lead­ing news­pa­pers has issued a call not only to spare Taberon Honie, the pris­on­er set for exe­cu­tion on August 8, 2024, but to end the prac­tice of cap­i­tal pun­ish­ment alto­geth­er. In a July 25 edi­to­r­i­al, the Salt Lake Tribune high­lights Mr. Honie’s abu­sive upbring­ing and his sin­cere remorse for the crime, say­ing his case for clemen­cy is strong.” The day after the edi­to­r­i­al was pub­lished, the Utah Board of Pardons and…

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News

Jul 26, 2024

Analysis: Why Executive Officials Grant Clemency

In a new analy­sis, the Death Penalty Information Center has found that exec­u­tive offi­cials most often cite dis­pro­por­tion­ate sen­tenc­ing, pos­si­ble inno­cence, and mit­i­ga­tion fac­tors such as intel­lec­tu­al dis­abil­i­ty or men­tal ill­ness as rea­sons to grant clemen­cy in cap­i­tal cas­es. Ineffective defense lawyer­ing and offi­cial mis­con­duct are also com­mon fac­tors in clemen­cy grants. While present in few­er cas­es, sup­port for clemen­cy from the victim’s fam­i­ly or a deci­sion­mak­er in the orig­i­nal tri­al, such…

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