Abstract
This Note examines the implications of vesting the clemency power, either in whole or in part, in such a board. Section II discusses the Herrera v. Collins plurality opinion's and concurring opinion's supposition that state executive clemency can be relied upon to correct fundamental miscarriages of justice. The third section briefly surveys the development of clemency in Anglo-American law. Then, this Note describes the different board structures in death penalty states. Section V surveys current clemency practices. The last substantive section suggests specific procedural rights necessary for minimally adequate consideration of a condemned prisoner's petition by a clemency board.
How to Cite
37 Ariz. L. Rev. 375 (1995)
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