In Search of Clemency Procedures We Can Live With: What Process is Due in Capital Clemency Proceedings after Ohio Adult Parole Authority v. Woodard?

Abstract

Executive clemency plays an important role in the realm of capital punishment. This is especially true as claims of actual innocence, supported by DNA evidence and the like, become more and more common. First, this article examines the statutory clemency schemes currently in use in states that have the death penalty. Next, it discusses the applicability of the Due Process Clause to capital clemency proceedings, especially in light of the Supreme Court’s decision in Ohio Adult Parole Authority v. Woodard. Finally, it seeks to determine exactly what process is due in capital clemency proceedings.

Keywords: death penalty, capital punishment, clemency, due process, Ohio Adult Parole Authority, Woodard

JEL Classification: K14, K42, K19