Executive Clemency: One Executive s Real Life Decisions

• Author: Richard F. Celeste
• Position: President of Colorado College.
• Pages: 139-142

Page 139

I would like to discuss the issue of Executive Clemency from the perspective of my personal experience, contrasting two groups of clemency initiatives that I undertook in my final year as Governor. The first involved the review of the sentences of more than one hundred women incarcerated for killing a husband, boyfriend or other male. These were cases in which persistent abuse was allegedly a factor in the criminal act. The second involved the review of the sentences of a number of death row inmates.

Let me begin by noting that the clemency power is in many respects the most unencumbered power enjoyed by a Governor. It is also the one for which there is the least training or preparation. When I was first elected and went to the new Governors course in Park City Utah, there was no hour devoted to this responsibility and no required reading. Nor did anyone take me aside to offer good advice on this as they did on everything from relations with legislative leadership to handling the Federal reforms of CETA.

I knew that one of my responsibilities related to death penalty appeals, but the truth was that Ohio prison construction was a more pressing issue. So was the training and conduct of our prison personnel. I did ask a member of my staff to determine whether I was likely to be confronted by any death penalty appeals in the near term. The answer was that it seemed unlikely. Consequently, more urgent matters-not least a major budget crisis followed a year later by a severe savings and loan failure- commanded my attention and that of my senior staff.

From time to time the Adult Parole Authority forwarded recommendations to me relating to the exercise of my clemency power in particular cases making their way through the system. Most of these involved approving a grant of parole; some involved another action. I generally adopted a very conservative posture. In fact, from Jan. 10, 1983 through Oct. 15, 1990 I granted only 65 clemency actions. This was out of 2249 requests - 2.8 percent as compared to 145 clemencies out 660 - 21 percent of those granted by my predecessor during his last four years in office.

I had read Governor Mike DiSalle's book reflecting on his experience with death penalty cases because of my personal opposition to the death penalty. I also had occasion to meet retired California Governor Pat Brown and explore his perspective. Based on the experiences of Page 140 Governors DiSalle and Brown, I asked a member of my staff to...