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
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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Apr 05, 2024
Missouri’s First Execution of 2024 Scheduled for Man Whose Trial Lawyers Had Conflicts of Interest and Who Has Unprecedented Support for Clemency
Brian Dorsey (pictured), a Missouri death row prisoner scheduled for execution on April 9, 2024, has garnered widespread support for clemency from more than 70 corrections officials, a former Missouri Supreme Court Judge, multiple jurors, Democratic and Republican state legislators, faith leaders, and his family members — several of whom are related to the victims, Sarah and Ben Bonnie — all of whom have called on Governor Mike Parson to commute his sentence to life in prison without the…
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Mar 20, 2024
Georgia Board of Pardons and Parole Denies Clemency for Willie Pye, Scheduled for March 20 Execution, Amid Pending Secrecy and Equal Protection Lawsuits
On March 19, 2024, the Georgia Board of Pardons and Parole denied clemency for Willie Pye (pictured), who is scheduled to be executed on March 20, despite arguments that he has an intellectual disability and is therefore ineligible for execution, per Georgia state law and U.S. Supreme Court precedent. Convicted in 1996 for the 1993 murder of his ex-girlfriend, Alicia Yarbrough, Mr. Pye has spent the last 28 years on Georgia’s death row. Mr. Pye’s case has also generated public concern due to…
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Feb 13, 2024
Idaho Supreme Court Denies Stay of Execution to State’s Longest Serving Death Row Prisoner Ahead of Feb 28 Execution Date
On February 9, 2024, the Idaho Supreme Court unanimously dismissed two state appeals for 73-year-old Thomas Creech, thereby denying his requests for a stay of execution. Mr. Creech, who has been on death row for more than 40 years, has also requested a new clemency hearing. He is scheduled to be executed by lethal injection on February 28, which would be Idaho’s first execution since…
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