Boston College Law Review Volume 54 | Issue 2 Article 8 3-28-2013 Forgiving the Unforgivable: Reinvigorating the Use of Executive Clemency in Capital Cases Molly Clayton Boston College Law School,
[email protected] Follow this and additional works at: http://lawdigitalcommons.bc.edu/bclr Part of the Common Law Commons, Criminal Law Commons, Criminal Procedure Commons, Law Enforcement and Corrections Commons, and the State and Local Government Law Commons Recommended Citation Molly Clayton, Forgiving the Unforgivable: Reinvigorating the Use of Executive Clemency in Capital Cases, 54 B.C.L. Rev. 751 (2013), http://lawdigitalcommons.bc.edu/bclr/vol54/iss2/8 This Notes is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact
[email protected]. FORGIVING THE UNFORGIVABLE: REINVIGORATING THE USE OF EXECUTIVE CLEMENCY IN CAPITAL CASES Abstract: 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. Su- preme Court has called executive clemency “the fail safe” of the criminal justice system, and has determined that some minimal procedural safe- guards 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 proc- ess.