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| Article |
| Quality of Mercy: A History of Clemency in Arizona |
| David Kader and Keith Olbricht |
| Defender 15 (July 2000) |
| Library Access |
|
Abstract: In Arizona, the governor has the constitutional power to grant “reprieves, commutations and pardons.†However, this grant of power is substantially limited by Arizona law which authorizes such relief only upon the affirmative recommendation of the state’s Board of Executive Clemency. This article examines Arizona’s clemency process and argues that its modern workings are in opposition to the original intent of the framers of the state’s constitution. Four factors regarding clemency in Arizona are examined. The first section of this article reviews the early territorial and constitutional history of Arizona, including a fundamental Arizona Supreme Court decision that established the understanding of clemency in the state. The second section discusses how the governor’s power in this process has become enlarged from its early posture. The third section of this article examines the disproportionality review commutations of 1994, which indicated the extreme power the governor has in the process. The fourth section examines the Policies and Procedures of the Board of Executive Clemency, a fundamental factor in understanding clemency in Arizona. (from introduction, edited)Keywords: criminal law, clemency, Arizona constitution |
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