With Furman v. Georgia in 1972, the United States Supreme Court declared the death penalty unconstitutional as currently administered. The process at that time was variously described by the justices as “freakish,” “wanton,” and “capricious.” A review of the literature on capital punishment reveals evidence that the death penalty was imposed capriciously in the past. Previous research on executive clemency in capital cases revealed similar forces in operation. In the voluminous literature surrounding capital punishment, however, relatively little contemporary empirical work focuses directly on the characteristics of the final clemency decision to commute or execute, especially post-Furman. This paper explores some of those elements and finds that several extralegal factors, possibly including political motivation, still may play a role in this highly discretionary decision making process. The increase in the number of executions in recent years, together with the very small number of commutations, is reason for concern; expediency may be taking the place of justice. A debate is needed concerning the justifications of clemency and its application. Figure, notes, tables, references, cases cited