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Clemency

Clemency as an act of mercy to reduce the severity of the most final punishment that the government dispenses does not mean leniency but tempers justice with mercy. Death row inmates have been granted clemency for humanitarian reasons, including doubts about guilt or the death penalty process. As the ACLU works toward the abolition of the death penalty, it urges that the power to punish be moderated with compassion to commute all death sentences in the United States.

Clemency is forgiveness for a crime and the granting of relief from all or part of a sentence; in this case usually the conversion of a death sentence to a life sentence or release. Clemency can encompass pardon, commutation, or reprieve. Clemency procedures vary from state to state. In 15 states the Governor has full and sole authority to grant clemency – Alabama, Arkansas, California, Colorado, Kentucky, Mississippi , New Jersey, New Mexico (although it has abolished the death penalty, two inmates remain on death row), North Carolina, Oregon , South Carolina, South Dakota, Virginia, Washington, and Wyoming. In seven states – Arizona, Delaware, Florida, Louisiana, Oklahoma, Pennsylvania, and Texas -- the Governor must have the recommendation of clemency from a board or advisory group. In the five remaining death penalty states , a board or advisory group has the sole discretion to grant clemency – Connecticut, Georgia, Nebraska, Nevada, and Utah.

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Since 1976, 269 death row inmates have been granted clemency for humanitarian reasons. Humanitarian reasons include doubts about the defendant's guilt or conclusions of the governor regarding the death penalty process. Since 1976, there have been five broad grants of clemencies to death row inmates:

•Gov. Pat Quinn in Illinois in 2011 (all inmates)

•Gov. Jon Corzine in New Jersey in 2007 (all inmates)

•Gov. George Ryan in Illinois in 2003 (all inmates)

•Gov. Richard Celeste in Ohio in 1991(8 inmates)

•Gov. Toney Anaya in New Mexico in 1986 (all inmates)

Actions

We Are Troy Davis: End the Death Penalty in Your State (2011 map): The state of Georgia has executed Troy Davis, despite serious concerns that he was wrongly convicted in 1989 of killing a police officer. This case makes clear that the death penalty system in the United States is broken beyond repair. It is arbitrary, discriminatory and comes at an enormous cost to taxpayers, and it must be ended.

Letters

Frances Newton Clemency Letter (2004 resource)

Clemency letter for Hung Le (2003 resource)

Alton Coleman Clemency Letter (2002 resource)

Monty Delk Clemency Letter (2002 resource)

Marilyn Plantz Clemency Letter (2001 resource)

Robert Bacon, Jr.'s Clemency Letter -- CLEMENCY GRANTED (2001 resource)

Ronald Frye Clemency Letter (2001 resource)

Wanda Jean Allen Clemency Letter (2001 resource)

Most Popular

ACLU Asks Governor Kasich to Grant Clemency to Condemned Man Scheduled for June Execution (2011 press release): In May 2011, the American Civil Liberties Union of Ohio sent a letter to Governor John Kasich asking him to grant clemency to Shawn Hawkins, who is scheduled to be executed June 14, 2011. The ACLU’s request comes after the Ohio Parole Board voted unanimously to recommend the governor grant Mr. Hawkins clemency.

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