Executive Clemency: Comparative and Empirical Perspectives

Executive clemency is a vital due process safeguard and an outlet for leniency in punishment,with modern clemency laws and practices varying widely across global legal and political systems. This book provides a comparative and empirical analysis of executive clemency,building a sociological and political context around systematically-collected data on clemency laws,grants,and decision-making. It will be of value to practitioners,academics,and students interested in the fields of human rights,criminal law,comparative criminal justice,and international relations.

Format: Paperback / softback
Length: 294 pages
Publication date: 29 April 2022
Publisher: Taylor & Francis Ltd

Executive clemency is a legal mechanism found in nearly every country worldwide, though its role and significance may vary across legal systems. While its origins can be traced back to the prerogative powers of ancient rulers, modern clemency laws and practices have undergone significant evolution. This book aims to provide a comprehensive comparative and empirical analysis of executive clemency, shedding light on its diverse nature and its role in the criminal justice system.

The book begins by exploring the historical roots of clemency, tracing its evolution from the prerogative powers of absolute rulers to the modern practices observed in contemporary legal systems. It examines the various mechanisms employed by countries to grant clemency, including pardons, commutations, and conditional releases. The book also delves into the legal frameworks and procedures surrounding clemency, highlighting the differences in approaches taken by different jurisdictions.

One of the key themes of the book is the variation in clemency practices across different regions and legal systems. Some jurisdictions have elaborate constitutional and legal structures in place for pardoning or commuting a sentence, while others have minimal formal processes and yet grant clemency on a frequent basis. The book employs examples from Asia, Europe, Latin America, the Caribbean, and the United States to illustrate these differences and shed light on the factors that influence clemency decision-making.

The comparative analysis of the law and the practice of clemency provides valuable insights into a frequently misunderstood executive power. It explores the social, political, and economic factors that influence clemency decisions, as well as the role of public opinion and media scrutiny in shaping these decisions. The book also examines the ethical and moral considerations surrounding clemency, including the balance between the interests of the individual and the broader societal good.

In addition to its comparative analysis, the book includes contributions encompassing international law, transitional justice, and innocence and wrongful convictions. It explores the interplay of clemency with other legal mechanisms, such as criminal justice reform and the rights of victims. The book also highlights the historical under-research of certain jurisdictions, particularly in developing countries, and aims to address this gap in knowledge by providing a comprehensive examination of executive clemency across global legal and political systems.

The book will be of value to practitioners, academics, and students interested in the fields of human rights
rights, criminal law, comparative criminal justice, and social sciences. It offers a comprehensive and up-to-date examination of executive clemency, providing a valuable resource for scholars, policymakers, and practitioners seeking to understand the complexities and nuances of this important legal mechanism.

Dimension: 229 x 152 (mm)
ISBN-13: 9780367498009