An empirical examination of commutations and executions in post-Furman capital cases

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Abstract
A review of the literature on capital punishment reveals evidence that the death penalty was imposed capriciously in the past. Previous research on executive clemency in capital cases revealed similar forces in operation. In the voluminous literature surrounding capital punishment, however, relatively little contemporary empirical work focuses directly on the characteristics of the final clemency decision to commute or execute, especially post-Furman. In this paper I explore some of these elements and find that several extralegal factors, possibly including political motivation, still may play a role in this highly discretionary decision-making process.