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49 Vand. L. Rev. 310 (1996)
Faith in Fantasy: The Supreme Court's Reliance on Commutation to Ensure Justice in Death Penalty Cases

handle is hein.journals/vanlr49 and id is 324 raw text is: Faith in Fantasy: The Supreme Court's Reliance on Commutation to Ensure Justice in Death Penalty Cases Victoria J. Palacios 49 Vand. L. Rev. 311 (1996) Despite unprecedented advances in constitutional protections for criminal defendants by the Warren and Burger Courts, commutation is essen- tial to achieving justice in administration of the death penalty. Wrongful or unjust convictions and sentences, maldistribution of the death penalty, and the growing belief that fair administration of capital punishment is an impossible human enterprise give commutation continued importance. Historically, the commutation power has been viewed as a fail-safe measure against injustice. The Court and supreme court jurisprudence reflects an abiding faith that commutation will respond to eliminate injustice, particularly where the Court denies relief Instead, popular support for the death penalty, concern over crime, and the erroneous belief that criminal convictions are error-free have virtually eliminated the use of commutation. By closing its eyes to the reality of commutation practices, the Court adds to the growing evidence that it has abandoned its role as protector of the powerless.

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