The question of a governor’s inability to alter a capital punishment ruling in Utah hinges on a specific legal framework: the Utah Constitution. Article VII, Section 12 explicitly restricts the governor’s clemency powers in cases of treason or conviction on impeachment. For all other convictions, the governor may grant pardons, commutations, and reprieves. However, this power is significantly curtailed when a death sentence has been imposed.
The Utah Constitution establishes a Board of Pardons and Parole, granting it exclusive authority to commute death sentences. This structure contrasts with many other states where the governor retains the ultimate power to grant clemency, including the ability to change a death sentence to life imprisonment. The rationale behind Utah’s system is to provide a check on executive power in the gravest of criminal cases and ensure a more considered and potentially less politically influenced review of capital punishment outcomes. The Board consists of independent members appointed for fixed terms, intended to provide a measure of objectivity and impartiality in these difficult decisions.
