Clemency

Abstract

The federal government and most American states provide for some form of clemency that allows the president or the governor to reduce a sentence or pardon a conviction. Although most US presidents and some governors have made great use of this power in the past, it has long been in decline. Diagnosing the reasons for this decline proves easier than providing solutions to reinvigorate this practice. A great deal of scholarship explores the causes and offers solutions, and this review catalogs the main lines of argument. It also explains why clemency’s renewal remains urgent, even in regimes dedicated to the rule of law, to serve the best purposes of punishment and check the excesses of criminal law and punishment that are inevitable given the political process and enforcement practices.