Death Sentence Outcomes

Clemency

Clemency, the act of commuting the sentence of a prisoner under sentence of death, is a discretionary executive power. Reasons for granting clemency vary widely, but they generally fall into one of three categories: [Page 483]to promote justice where the reliability of the conviction is questionable, to promote justice where the reliability of the sentence is questionable, and to promote justice where neither the reliability of the conviction nor the capital sentence is implicated.

Clemency decisions are usually made by either the president or a state governor. The most common situation is a state governor granting clemency, either in the form of a sentence reduction (usually to life imprisonment without possibility of parole) or pardon (which invalidates both guilt and sentence). In most states, the governor has primary authority to grant clemency, a power exercised either directly or in conjunction with an advisory board. A few states allow parole or pardon boards to make clemency decisions. In several states, the governor shares clemency power with a parole or pardon board. Clemency power gives a state governor (and the mayor of the District of Columbia) the final say on whether an inmate will remain in prison or be executed.

Clemency does not mean that an inmate will necessarily be released from prison. Pardons can be either absolute or conditional, and they may either completely forgive the defendant of the offense and all consequences of conviction or impose requirements that the inmate must fulfill either before or after the pardon is granted. In either case, however, the decision to pardon is based upon the belief that public welfare will be better served by imposing a less severe punishment. An executive may grant a pardon for good reasons, for bad reasons, or for any reason at all, but an execution is final and irrevocable.

Between 1973 and 1995, 159 death sentences were commuted, 482 death sentences were declared unconstitutional, 1,348 convictions were affirmed but the death sentence was reduced, and 688 convictions and, therefore, death sentences, were overturned.

Commutation

Executive clemency extended to inmates under sentence of death is usually in the form of a commutation. A commutation, usually granted by a state governor, reduces the original sentence to a lesser degree of punishment. At any stage in the appeals process, a governor has the authority to reduce a death sentence to one of life imprisonment, either with an extended mandatory term or without possibility of parole. Most governors, however, have not welcomed commutation petitions, mostly due to fear of voter reprisal.

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