The capital story of clemency

Professor Austin Sarat, who has written extensively about the law and sociology of capital punishment, has this potent Findlaw article about clemeny decision-making in capital cases.  The  piece examines clemency and the concept of mercy in death penalty cases while lamenting that “In capital cases throughout the country … clemency — and mercy — have all but disappeared.”

Though Sarat’s focus is just on clemency in capital cases, the themes he develops in his article dovetail with all the recent discussion of executive use of the pardon power.  In addition, with AG nominee Alberto Gonzales’s Senate confirmation hearing now scheduled for next week, all of these issues could soon take center stage in the public dialogue about our justice system. 

Here are some of my more recent posts on these topics:

PARDONS:

• Interesting state pardon stories
• The Washington Post on Bush’s pardons
• Bush’s stingy pardon practice
• More pardon buzz
• Media criticism of Bush’s pardon practice

GONZALES AND CAPITAL CLEMENCY:

• Sister Prejean’s powerful perspective
• The AG and the death penalty
• AG nominee Gonzales and sentencing issues