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.
Facts & Research
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.
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.
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.
Clemencies Granted by State since 1976 | Number of Clemencies |
---|---|
Illinois | 187 |
Ohio | 21 |
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 | 295 |
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.
Jan 20, 2021
Democratic members of the U.S. House and Senate have called on incoming President Joe Biden (pictured) to take quick action on his campaign pledge to end the federal death penalty. Legislators introduced three bills to abolish the…
Read MoreClemency
Aug 05, 2022
The Oklahoma Pardon and Parole Board has recommended clemency for James Coddington (pictured at his clemency hearing), the first of 25 death-row prisoners scheduled to be executed in Oklahoma between August 2022 a…
Clemency
Jul 22, 2022
Lawyers for James Coddington (pictured), the first person scheduled to be executed as part of Oklahoma’s two-year execution spree, are seeking clemency for a man they say “exemplifies the principles of redemption.…
Clemency
Jul 08, 2022
A teen offender whose spiritual transformation on Texas’ death row has caused a key prosecution mental health expert to recant his trial testimony, has filed a petition for clemency seeking a commutation of his death sentence ahea…
Clemency
Apr 05, 2022
Texas’ oldest death-row prisoner, Carl Wayne Buntion (pictured), has filed a petition with the state Board of Pardons and Parole seeking commutation of his death sentence to life without parole. Buntion is current…
Innocence
Mar 28, 2022
Nearly 90 members of the Texas House of Representatives from across the ideological spectrum have issued a bipartisan call for the Texas Board of Pardons and Paroles and Governor Greg Abbott to grant clemency to death-row prisoner…
Innocence
Feb 25, 2022
In the February 2022 episode of Discussions with DPIC, federal public defender, Amanda Bass (pictured, right), and Justice for Julius advocate Cece Jones-Davis (pictured, left) speak with Death Penalty In…
Clemency
Feb 07, 2022
An Idaho trial court judge has resentenced Gerald Pizzuto, Jr. to life without parole, ruling that Governor Brad Little lacked legal authority to reject the state Commission of Pardons and Parole’…
Clemency
Jan 18, 2022
Adam Luck (pictured), the Chairman of Oklahoma’s Board of Pardons and Parole, has resigned from the board under pressure from Governor Kevin Stitt because of Luck’s votes in favor…
Innocence
Jan 07, 2022
As 2021 came to a close, editorial writers in four death penalty states called for legislative and executive action to end capital punishment or further limit its use. Editorial boards for the St. Louis Post-Dispatch
Clemency
Jan 04, 2022
A hospice-bound death-row prisoner has filed a motion in Idaho state court challenging the authority of Governor Brad Little to reject a pardons commission recommendation that his death sentence be commuted to lif…