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

Capital Defense Journal, Vol. 11, p. 5, 1998

16 Pages Posted: 15 Aug 2010

See all articles by Brian S. Clarke

Brian S. Clarke

Unaffiliated; Washington & Lee University School of Law; Charlotte School of Law; Western Carolina University - College of Business

Date Written: October 13, 1998

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

Suggested Citation

Clarke, Brian S., In Search of Clemency Procedures We Can Live With: What Process is Due in Capital Clemency Proceedings after Ohio Adult Parole Authority v. Woodard? (October 13, 1998). Capital Defense Journal, Vol. 11, p. 5, 1998, Available at SSRN: https://ssrn.com/abstract=1658440

Brian S. Clarke (Contact Author)

Unaffiliated ( email )

United States

Washington & Lee University School of Law

Lexington, VA 24450
United States

Charlotte School of Law

2145 Suttle Avenue
Charlotte, NC 28208
United States

Western Carolina University - College of Business

Forsyth Hall 122G
Cullowhee, NC 28723
United States
828.227.7412 (Phone)

HOME PAGE: http://www.wcu.edu/learn/departments-schools-colleges/cob/

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
17
Abstract Views
442
PlumX Metrics