University of Miami Race & Social Justice Law Review
Document Type
Notes and Comments
Abstract
Executive clemency has long been understood simply as an act of mercy; however, this Note argues that executive clemency was historically designed to also function as an indispensable corrective mechanism within the criminal justice system, especially in capital cases where the consequences of error are irreversible. Using the execution of Marcellus Williams as a central illustration, this Note examines how modern clemency practices have deviated from their original purpose, becoming increasingly arbitrary, politically influenced, and vulnerable to racial bias. Although clemency has been characterized by its broad discretion and minimal procedural constraints, this Note argues that such unfettered authority has rendered the process unreliable as a “fail safe,” especially in light of high rates of wrongful convictions and documented racial disparities in exoneration outcomes.
Clemency is an integral component of the criminal justice system and should therefore be subject to heightened procedural safeguards comparable to the protections already applied at other stages of capital litigation. The current mix of state procedures are marked by infrequent grants, a lack of uniform standards, absence of reviewability, and susceptibility to discriminatory outcomes. These procedures fail to provide a cohesive and meaningful protection for death row prisoners asserting innocence. To restore clemency’s role in safeguarding justice, this Note proposes a unified clemency model which requires states to adopt standardized evaluation procedures, implement advisory board recommendations, and incorporate racial impact assessments. By supplementing clemency with heightened procedural safeguards consistent with its historical purpose, this model seeks to transform clemency from an arbitrary political tool into an equitable remedy capable of preventing wrongful executions and addressing systemic shortcomings in the justice system.
Recommended Citation
Mya Nobles,
The Integral Fail–Safe: Restoring Clemency’s Role as a Remedy for Injustice in Death Penalty Cases,
16 U. MIA Race & Soc. Just. L. Rev.
121
(2025)
Available at:
https://repository.law.miami.edu/umrsjlr/vol16/iss1/6