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, 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 subject to political influence, and even granting a single clemency can result in harsh attacks. Hence, clemencies in death penalty cases have been unpredictable and immune from review.
Grants of Clemency by State
| Clemencies Granted by State since 1976 | Number of Clemencies |
|---|---|
Illinois | 187 |
Ohio | 21 |
| Oregon | 17 |
Virginia | 10 |
Georgia | 10 |
New Jersey | 8 |
Florida | 6 |
Maryland | 6 |
New Mexico | 5 |
North Carolina | 5 |
| Oklahoma | 5 |
| Kentucky | 4 |
Missouri | 4 |
| Colorado | 3 |
Indiana | 3 |
Tennessee | 3 |
Texas | 3 |
Federal | 2 |
Louisiana | 2 |
Arkansas | 2 |
Alabama | 1 |
Delaware | 1 |
Idaho | 1 |
Montana | 1 |
Nevada | 1 |
U.S. Military | 1 |
TOTAL | 312 |
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
Innocence
Jan 27, 2023
Oklahoma Attorney General Appoints Special Counsel to Conduct ‘Thorough Review’ of Richard Glossip’s Case
Oklahoma Attorney General Gentner Drummond has appointed a special counsel to conduct a ‘thorough review’ of the case of death-row prisoner Richard Glossip, who has faced nine execution dates despite strong evide…
Innocence
Jan 11, 2023
Illinois Commutations Twenty Years Ago Marked Turning Point in Death-Penalty Abolition
January 11, 2023 marks the twentieth anniversary of former Illinois Governor George Ryan’s decision to grant clemency to every death row prisoner in Illinois, the largest blanket clemency in the modern era of the death penalty. It was a watershed …
Mental Illness
Dec 27, 2022
Missouri Set to Execute Amber McLaughlin on January 3 in First U.S. Execution of a Transgender Person
On January 3, 2023, Missouri is set to execute Amber McLaughlin (pictured), the first transgender person scheduled to be put to death in the United States. Tried as Scott McLaughlin, her jury rejected thr…
Clemency
Dec 21, 2022
Judge Blocks Nevada Board of Pardons Vote on Death-Row Commutations
A Nevada judge has blocked a request from outgoing Governor Steve Sisolak (pictured) that the Nevada Pardons Board consider commuting all death sentences to life without the possibility of parole. Gov. Sisolak proposed on December 14, 2022 that th…
Clemency
Dec 14, 2022
Gov. Kate Brown Commutes the Sentences of Oregon’s 17 Death-Row Prisoners
Calling the death penalty “both dysfunctional and immoral,” Oregon Governor Kate Brown (pictured) has commuted the death sentences of the 17 prisoners on the state’s death row. The commutations, which the governor announced on Dec…
Mental Illness
Oct 17, 2022
Oklahoma Denies Clemency to Death-Row Prisoner Richard Fairchild Who Suffers from Brain Damage, Hallucinations, and Delusions
In a 4 – 1 vote, the Oklahoma Pardon and Parole Board denied clemency to Richard Fairchild, the third of 25 people the state scheduled for execution between August 2022 and December 2024. Fairchild’s attorneys argue…
Mental Illness
Oct 05, 2022
With Execution Looming, Judge Denies Competency Hearing for Oklahoma Death-Row Prisoner Benjamin Cole
A Pittsburg County, Oklahoma judge has denied a competency hearing for death-row prisoner Benjamin Cole (pictured), clearing the path for his execution on October 20, 2022. In a three-page ruling issued o…
Race
Oct 04, 2022
New Study Finds Significant Race-of-Victim Disparities in St. Louis County Death Sentencing
A study of more than 400 death-eligible murder cases in St. Louis County, Missouri over a 27-year period has found significant racial disparities in the county’s administration of the death penalty based upon the race of the victi…
Mental Illness
Sep 22, 2022
Lawyers for Mentally Ill Oklahoma Death-Row Prisoner Seek Clemency, Competency Trial
Lawyers for Oklahoma death-row prisoner Benjamin Cole have filed a petition with the Oklahoma Board of Pardons and Parole asking the Board to recommend to Governor Kevin Stitt that Cole’s sentenc…
Innocence
Aug 31, 2022
Missouri Governor Silent on Marcellus Williams’ Case 5 Years After Execution Halted for Board of Inquiry Innocence Review
Five years after former Gov. Eric Greitens issued an execution-day reprieve for a Board of Inquiry to address questions of innocence, Marcellus Williams remains on Missouri’s death row. Though the…
