Policy
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 legal appeals in the courts have been exhausted, there is still a possibility that a prisoner’s life will be spared.
Clemencies in individual capital cases are rare, but there have been a number of blanket grants of clemency by governors and one by President Joseph Biden which express concern about systemic problems and the overall fairness of the death penalty. A 2025 study byDPI of individual clemencies examined the reasons cited when granting clemency. Mitigating factors was the most often cited reason, in nearly a third of all cases, closely followed by concerns about comparative culpability or excessive sentence, possible wrongful conviction, and official misconduct or unfair legal practices.
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
WhatDPI Offers
DPI 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,DPI 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 ourOutcome of Death Warrants pages.
News & Developments
News
Feb 02, 2026
Victim’s Daughter and Former Juror Oppose Execution of Alabama Man Who Officials Acknowledges Did Not Pull the Trigger
Two women intimately connected to a 1991 murder case in Alabama have publicly opposed the intended execution of Charles“Sonny” Burton, a man both the state and his attorneys acknowledge did not fire the fatal shot. Priscilla Townsend, who served on the jury that sentenced Mr. Burton to death, and Tori Battle, whose father Doug Battle was killed during the robbery in question, have each written op-eds urging Governor Kay Ivey to grant clemency. On January22,2026, the…
Read MoreNews
Jan 15, 2026
Twenty Years Since Last Execution: California Remains Under Execution Moratorium as Advocates Push for Mass Clemency Grant
On January17,2006, California executed Clarence Ray Allen — the last person put to death by the state. Two decades later, California’s death row population has fallen to580 prisoners, down from its peak near750 in the mid-2010s. In the time since Mr. Allen’s execution, the death penalty in California has seen sustained scrutiny as concerns with racial discrimination, innocence, and costs continue to grow. Governor Gavin Newsom has placed a moratorium on…
Read MoreNews
Jan 08, 2026
Georgia Court Halts Stacey Humphreys’ Execution to Weigh Clemency Board Member Conflict of Interest
On December29,2025, Fulton County Superior Court Judge Robert McBurney issued an order blocking the Georgia Board of Pardons and Parole (GBPP) from rescheduling a clemency hearing and setting a new execution date for Stacey Humphreys. Two weeks earlier, on December15th theGBPP put Mr. Humphreys’ December16th clemency hearing on hold“indefinitely,” leaving in limbo the status of his execution, scheduled for the following day. Judge McBurney issued the stay,…
Read MoreNews
Dec 01, 2025
Facts About the Death Penalty – The Rarity of Clemency Grants
Supreme Court Chief Justice William Rehnquist once explained that executive clemency is intended to operate as the“fail safe” of the capital punishment system. It is the final opportunity, after all legal avenues have been exhausted, for an executive to decide whether to spare a prisoner from execution. Most grants of individual clemency come after consideration of one or more factors, including evidence of official misconduct or other unfair legal…
Read MoreNews
Nov 20, 2025
Spared at the“Last Minute”: A Form of Psychological Torture?
Tremane Wood was scheduled to die at10 a.m. local time on November13. According to journalist Hilary Andersson, who traveled to Oklahoma to observe the execution, the call from the governor came at9:59 a.m. Mr. Wood learned that his life would be spared at the literal“last minute.” While Mr. Wood, his attorneys, and his family experienced overwhelming relief in the aftermath of the clemency grant, according to Ms. Andersson, some also expressed shock at the timing…
Read MoreIn This Section

Oklahoma Governor Grants Clemency to Julius Jones
In an order announced four hours before his scheduled execution on November 18, 2021, Oklahoma Governor Kevin Stitt commuted Julius Jones' death sentence to life without possibility of parole. Although the Oklahoma Board of Pardons and Parole had recommended, based on concerns of innocence, that Jones be eligible for parole, Stitt granted the commutation “on the condition that [Jones] shall never again be eligible to apply for, be considered for, or receive any additional commutation, pardon, or parole.”

Ohio Governor Commutes Death Sentence Based on Jurors Concerns About Unfair Sentencing
Ohio Governor John Kasich commuted Raymond Tibbetts’ death sentence on July 20, 2018 to life without parole after a juror expressed concerns that ineffective defense representation and misrepresentations by the prosecution had prevented the jury from making an informed decision about whether Tibbetts should have received the death penalty.


