Overview
All states and the federal government have a process for lowering the sentence or pardoning those facing criminal charges. Clemency is an especially important consideration for those on death row. Even after all legal appeals in the courts have been exhausted, there is still a possibility that a prisoner’s life will be spared.
Clemencies in individual capital cases are rare, but there have been a number of blanket grants of clemency by governors and one by President Joseph Biden which express concern about systemic problems and the overall fairness of the death penalty. A 2025 study by DPI of individual clemencies examined the reasons cited when granting clemency. Mitigating factors was the most often cited reason, in nearly a third of all cases, closely followed by concerns about comparative culpability or excessive sentence, possible wrongful conviction, and official misconduct or unfair legal practices.
At Issue
Because the power of clemency is vested in the executive branch of the government, courts have been reluctant to impose standards on this procedure. Governors are elected; thus the process may be highly political. For these reasons, clemencies in death penalty cases are difficult to predict and immune from judicial review. For additional resources related to Clemency, go to Additional Resources.
Grants of Clemency by State
What DPI Offers
DPI keeps track of all clemencies granted in capital cases in the modern era by state and year, including the reasons given for the action. It also has compiled material on historical uses of clemency. Finally, DPI describes the differences among state laws regarding who makes the clemency decision and any constraints on the process.
Although a reprieve is technically a type of clemency, this page discusses only executive acts with permanent effects on a defendant’s conviction or sentence. Temporary holds on executions are tracked on our Outcome of Death Warrants pages.
News & Developments
News
Nov 05, 2026
Governor Gavin Newsom Grants Largest Mass Commutation in U.S. History to Death-Sentenced Prisoners in California
California Governor Gavin Newsom announced today, November 5, 2026, that he is commuting the death sentences of all 548 people on the state’s death row, granting the largest mass clemency in American history. In his statement announcing the decision, Gov. Newsom said, “I take this action because I firmly believe that state-sanctioned killing is incompatible with California’s values, undermines the foundations of our legal system, and diminishes all of us.” Governor Newsom announced a moratorium…
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Nov 05, 2026
Jeffrey Weisheit Executed Despite Urging of Attorneys and State Lawmakers to Pause Execution Over Concerns with Lethal Injection Drug Supplier
Attorneys for death row prisoner Jeffrey Weisheit and a group of state lawmakers urged Indiana Governor Mike Braun to grant a temporary reprieve ahead of Mr. Weisheit’s November 5 execution date, arguing the state should not proceed until questions about its lethal injection drug supply were answered. After Gov. Braun rejected those calls, Mr. Weisheit was executed by lethal injection before sunrise on the 5th at Indiana State Prison. He was convicted of killing two children, Alyssa and Caleb…
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News
Nov 03, 2026
Three Executions on November 5 Highlight Concerns about Fairness and Constitutionality of Death Sentences
On November 5, three people will be put to death in a single day across the United States, all by lethal injection. Indiana officials will execute Jeffrey Weisheit; Florida officials will execute Jesse Guardado; and Alabama officials will execute Michael Taylor. All three cases raise serious questions regarding the fairness of their trials and the constitutionality of their executions. This is the second time this year that three people are scheduled to die on the same day; the same occurred…
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News
Oct 21, 2026
Alabama Governor Kay Ivey Grants Clemency to Toforest Johnson
On October 20, 2026, Alabama Governor Kay Ivey granted clemency to death row prisoner Toforest Johnson (pictured, center), commuting his sentence to life without parole. Mr. Johnson has maintained his innocence in the 1995 death of Jefferson County Deputy Sheriff William Hardy. His case gained notoriety as the subject of the award-winning podcast Earwitness. “When presented with Mr. Johnson’s case, I had concerns there was not enough direct evidence to carry out the most serious punishment…
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News
Oct 08, 2026
Tennessee Court Orders Officials to Preserve Evidence from Failed Execution of Christa Pike, As She Regains Consciousness
On October 7, a Tennessee judge issued a broadly worded order requiring the state to preserve all evidence from the failed September 30 execution attempt of Christa Pike. Her attorneys reported on October 6 that she has regained consciousness and is speaking, although her overall prognosis remains uncertain. Davidson County Chancery Court Judge I’Ashea Myles granted a motion filed by Ms. Pike’s legal team, which sought to prevent the loss of records and physical evidence from the botched…
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