Clemency in California Capital Cases

Abstract

This article is a survey of procedures and reasoning involved in California clemency in the context of the death penalty. Though the article is principally descriptive in nature, our analysis includes some prescriptive recommendations. This article grew from a report that we prepared at the request of the California Commission on the Fair Administration of Justice. We undertook a study of clemency in capital cases throughout the years of California’s use of the death penalty. Our goal was to provide the Commission with as much information as possible about the procedures and reasons for granting or denying clemency in capital cases. In addition to researching documentary materials, we also interviewed many individuals who have been involved in capital clemency proceedings and policy.