The Functions of Death Penalty Clemency in Southeast Asia: Comparative Lessons for Vietnam

Abstract

Despite being the final procedural barrier separating life and death in capital cases, executive clemency has traditionally not received the attention it deserves from comparative law and comparative criminal justice scholars, including those writing about Southeast Asia. This article aims to build upon previous empirical scholarship on death penalty clemency in Southeast Asia in two ways: by focusing on the ‘who’ question in clemency awards in the region rather than on ‘how many’ prisoners benefit, and also by updating previous findings in light of any new clemency data available since 2013. After relaying the contemporary and possible future clemency practice of each ‘actively retentionist’ Southeast Asian nation, this article concludes by reflecting on what this regional use of clemency might mean for Vietnam’s future clemency policy in death penalty cases.