Handbook·Glossary·State government

Clemency

Glossary·Verified 2026-07-10

Definition

Clemency is the power to pardon, commute, or reprieve a criminal sentence, either erasing a conviction, reducing a punishment, or delaying it. Governors hold this power at the state level and the president holds it for federal offenses, though the scope and process both vary widely.

Why it matters

Clemency is one of the few points where a single executive can override a court's sentence entirely, without needing legislative approval. In many states that power is checked by a parole or pardons board that must recommend a case before the governor can act, while in others the governor can act alone.

Seen in the wild

State constitutions and statutes set out sharply different clemency structures, from governors who can pardon unilaterally to states where a board holds the power and the governor only carries out its recommendation.