A person has done something
wrong and is being punished for it.
Should we give such a person an
incentive to improve their behavior
by reducing their punishment if they
seem to rehabilitate themselves?
Clemency: Parole
Parole is the early release of a prisoner who agrees to
certain rules and conditions in order to be allowed out
of jail early; these conditions end when the time of the
maximum sentence period has ended
• By far, the most common type of clemency
granted, but it still can be controversial
• Courts specify if a person will be eligible for
parole and how long a convicted person
must wait until they’re eligible
• 34 states allow parole, 16 do not; parole for
federal crimes was abolished in 1984
Clemency: Pardons
Miriam “Ma” Ferguson,
Governor of Texas
George Ryan,
Governor of Illinois
Clemency: Commutation
Case of Guinevere Garcia
Sister Miriam
Wilson
Illinois Governor
Jim Edgar
Reprieve: Troy Davis
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Georgia
Convicted in 1991 of killing an offduty police officer in 1989
7 of the original 9 eyewitnesses
who had linked Davis to the killing
supposedly recanted all or part of
their trial testimony.
Several stated they had felt
pressure by police to implicate
Davis.
New witnesses implicated one of
the original witnesses as the
killer.
Sought a Pardon
Requested his death sentence be
delayed (a Reprieve) in order to
prove his innocence
Reprieve was rejected. He was
executed in 2011.
Executive Clemency Powers
Federal: President
• No requirement for a
Board approval first
• Attorney General’s
office receives
requests and makes
recommendations to
the President
• Can’t pardon those
under impeachment
• Can pardon before
charges are filed or a
conviction rendered
State: Governor
• Process varies, but MOST
states require a
recommendation from an
independent Board of
Pardons/Parole before the
Governor can act on a
request
• Usually cannot give
clemency to family or
members of their
administration
• Usually requires a
conviction first
Pennsylvania’s Board of Pardons
• Consists of five members: Lieutenant Governor
and Attorney General (both elected) and…
• Three others who the Governor chooses to appoint
(with approval by the state Senate): a corrections
expert, a crime victim representative, and a
psychiatrist/psychologist (serve 6 year terms)
• Board of Pardons recommends clemency to
Governor, but the governor decides whether to
grant it
• However, the PA governor cannot grant any
clemency without the Board’s recommendation