Clemency or changes to the terms of a prison sentence may be offered to a state prisoner by the governor with approval from a majority of the Texas Board of Pardons and Paroles, except in capital crimes.
A governor, president, or administrative board may shorten a defendant's sentence or issue a pardon through the clemency process. For a number of circumstances, clemencies have been granted in situations involving the death penalty.
Courts have been hesitant to put criteria on this process since the executive branch of the government has the authority to grant clemency. Governors are vulnerable to political pressure, and even one clemency can bring about harsh criticism. Clemencies in death penalty cases have therefore been arbitrary and exempt from review.
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