CLEMENCY - LEGAL AUTHORITY, PROCEDURE, AND STRUCTURE

• NCJ Number: 45380
• Author(s): S P STAFFORD
• Date Published: 1977
• Length: 116 pages
• Sponsoring Agency: US Dept of Justice; California Office of Criminal Justice Planning
• Sale Source: National Ctr for State Courts; National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

THIS REPORT IS A COMPILATION OF RESEARCH RESULTS AND ANALYSIS OF STATE CONSTITUTIONS, STATUTES, AND RULES DEALING WITH CLEMENCY.

Abstract

CLEMENCY IS DEFINED AS AN ACT OF LENIENCY OR DISPOSITION TO BE MERCIFUL, BUT AS A BROAD LEGAL TERM THE WORD INCLUDES PARDON, COMMUTATION OF SENTENCE, REPRIEVE, OR REMISSION OF FINES AND FORFEITURES. PART ONE OF THE REPORT DISCUSSES THE INTERACTION AMONG THE BRANCHES OF GOVERNMENT, LIMITATIONS ON CLEMENCY POWER, THE CIVIL AND POLITICAL DISABILITIES OF OFFENDERS, AND THE EMERGING LEGAL TRENDS IN GRANTING CLEMENCY -- GREATER EMPHASIS ON PUBLIC NOTICE, PROCEDURES FOR RESTORATION OF CIVIL RIGHTS, AND DECENTRALIZATION OF CLEMENCY AUTHORITY. THE SECOND PART IS A DESCRIPTIVE AND FUNCTIONAL ANALYSIS OF THE CLEMENCY-GRANTING AUTHORITIES, STRUCTURES, AND PROCEDURES OF THE FIFTY STATES. FORTY-SIX STATE DESCRIPTIONS ARE ORGANIZED UNDER FIVE MAJOR CATEGORIES: CLEMENCY STRUCTURE, CLEMENCY TYPES, SUBSTANTIVE LIMITATIONS, PROCEDURAL LIMITATIONS, AND CLEMENCY PROCEDURES. FOUR STATES -- COLORADO, FLORIDA, PENNSYLVANIA, AND WISCONSIN -- ARE REPORTED IN GREATER DEPTH AS THEY ILLUSTRATE THE PRESENT FORMS OF CLEMENCY AND ITS ADMINISTRATION. THESE FOUR REPRESENT DIFFERENT APPROACHES AND ATTITUDES. THE REPORT ALSO INCLUDES A GLOSSARY OF TERMS, CAPITAL PUNISHMENT DATA, AND A SELECTED BIBLIOGRAPHY. (AUTHOR ABSTRACT MODIFIED.)