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Death Penalty Information Center
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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 our
Outcome 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…

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News

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…

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News

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,…

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News

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…

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News

Nov 20, 2025

Spared at theLast 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…

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Oklahoma Governor Grants Clemency to Julius Jones

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 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.


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