ABSTRACT
This chapter discusses the policy potential for reducing prison populations through a specific form of legal mercy: commutation of sentence. This mechanism has existed as part of the American legal system since the nation was founded. Commutation is a form of clemency that allows the executive (the president in the federal system and governor in state systems) to reduce a prisoner’s sentenced term. As is discussed in this chapter, the use of clemency has varied over time and place. Most notably, it declined precipitously during the punitive era (the 1970s through the 2000s). At present, the social consciousness concerning crime and punishment in America has shifted. There is now a more compassionate attitude towards those who have been incarcerated, especially for nonviolent crimes. This may facilitate the more widespread use of clemency. In addition, this chapter includes a short discussion of the historical origins of clemency as well as analyses of theories of this type of mercy from past to present. Finally, this chapter concludes by noting relevant examples of the recent use of mass clemency in the United States and a series of recommendations for policy changes that may lead to even greater use.
