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"This book builds on existing academic scholarship and expands the limited geographical It relays the latest state of knowledge on the topic and employs case studies, doctrinal legal analysis, historical research, and statements by clemency decision-making authorities, in explaining why clemency varies so considerably across global legal and political systems. In addition, it includes contributions encompassing international law, transitional justice, and innocence and wrongful convictions, as well as on jurisdictions that are historically under-researched"--

In the 1972 case of Furman v. Georgia, the United States Supreme Court invalidated virtually all existing death penalty statutes in the United States. Consequently, those jurisdictions that wanted to continue to execute were forced to revise their capital sentencing procedures. Since Furman,nearly all aspects of American death penalty law have been rewritten. Left unchanged by both the courts and the legislatures, however, are the ways in which states decide which death-sentenced inmates will have their sentences commuted through the powers of executive clemency.

"This book builds on existing academic scholarship and expands the limited geographical It relays the latest state of knowledge on the topic and employs case studies, doctrinal legal analysis, historical research, and statements by clemency decision-making authorities, in explaining why clemency varies so considerably across global legal and political systems. In addition, it includes contributions encompassing international law, transitional justice, and innocence and wrongful convictions, as well as on jurisdictions that are historically under-researched"--

It is widespread conventional wisdom that presidential pardons—the only way for offenders to remove or eliminate all disabilities that arise from a federal or military offense—are political. We move beyond this belief and assess five broad ways that federal pardons may be systematically influenced by the policy agendas present in a separated powers system. We model the aggregate dispensation of clemency appeals (requests for pardons) using Prais-Winsten regression and find that the probability of denials for executive clemency reflects the president's own agenda and ideological position, congressional attention to criminal justice issues, and the homicide rate. In sum, both policy signals and the political processes they signify permeate the presidential pardons process.

While Pederson (1977) employed a data set of 40 formal acts of amnesty, uses here bivariate frequency analysis to examine the relationship between presidential personality and clemency in a data set comprising 19899 grants of clemency made by 17 presidents from 1900-93. Shows that active presidents account for 73% of the population of clemency warrants, and 78% of the remissions. They also show a willingness to use clemency in a more broad manner. (Original abstract-amended)

Clemency, the power to reduce the sentence of a convicted criminal, has existed since ancient times. Yet, the use of this power in the United States has significantly declined in recent decades. The U.S. Supreme Court has called executive clemency "the fail safe" of the criminal justice system, and has determined that some minimal procedural safeguards apply in clemency proceedings. Lower courts, however, have failed to require any significant procedural safeguards in the clemency process. Because clemency plays a crucial function in the criminal justice system, this Note argues that states should enact both procedural requirements and substantive guidelines to ensure death row inmates receive due process.