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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

Clemencies Granted by State since 1976Number of Clemencies
Illinois187
Ohio21
Oregon17
Virginia10
Georgia10
New Jersey8
Maryland7
Florida6
New Mexico5
North Carolina5
Oklahoma5
Kentucky4
Missouri4
Colorado3
Indiana3
Tennessee3
Texas3
Federal2
Louisiana2
Arkansas2
Alabama1
Delaware1
Idaho1
Montana1
Nevada1
U.S. Military1
TOTAL313

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

Capital Case Development

Apr 26, 2023

Case Update: Oklahoma Board Denies Clemency for Richard Glossip

On April 26, the Oklahoma Board of Pardons and Paroles declined to rec­om­mend clemen­cy for death-row pris­on­er Richard Glossip (pic­tured), who is sched­uled to be exe­cut­ed on May 18, 2023. The board’s 2 – 2 vote con­sti­tut­ed a denial of clemen­cy since t…

Case Update: Oklahoma Board Denies Clemency for Richard Glossip
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