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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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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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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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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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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