President Joe Biden has taken significant action during the last weeks of his presidency by commuting the sentences of 37 individuals on federal death row to life imprisonment without the possibility of parole. This decision reflects Biden's long-standing opposition to the federal death penalty, which he has sought to limit since taking office.
On December 23, Biden announced the commutations, converting the sentences for nearly all inmates on federal death row. Only three individuals—Dzhokhar Tsarnaev, Dylann Roof, and Robert Bowers—whose crimes included terrorism and mass shootings, will remain on death row after Biden's decision.
Biden stated, "Make no mistake: I condemn these murderers, grieve for the victims of their despicable acts, and ache for all the families who have suffered unimaginable and irreparable loss," emphasizing his resolve against capital punishment. He cited his conscience, past experiences as public defender and Senate Judiciary Committee chairman, and the belief it is time to end the death penalty at the federal level.
While Biden's administration had previously imposed a moratorium on federal executions, this latest commutation marks one of his final acts before President-elect Donald Trump, who has publicly criticized Biden's decision and advocates for reinstatement and expansion of the death penalty.
Trump's response was swift and pointed, labeling Biden's commutation of 37 sentences as "unbelievable" and "devastizing" for victims' families. On his social media platform, Trump expressed disbelief over Biden's decision, stating, "Joe Biden just commuted the Death Sentence on 37 of the worst killers in our Country." He cast doubt on Biden's judgement by highlighting the severity of the crimes, some of which involve murders tied to drug trafficking and the killings of law enforcement officers.
Experts note this commutation reflects the shifting tide of capital punishment as public support has waned. Historical data from Gallup indicates declining support for the death penalty, falling from approximately 70% approval among American citizens over the past few decades to about half today.
By commuting these sentences, Biden aims to prevent the next administration from executing individuals whose cases might not meet modern ethical or legal standards. Biden argued, "I cannot stand back and let a new administration resume executions I halted. The death penalty is the ultimate cruel, inhuman, and degrading punishment." The incoming Trump administration contrasts with Biden's approach by calling for stricter penalties and resuming the practices of federal executions.
This commutation decision fits within Biden's broader push for criminal justice reform. Recently, he has also enacted clemency for approximately 1,500 individuals previously held under home confinement during the pandemic, along with issuing pardons for nonviolent offenders.
Trump’s incoming administration could potentially lead to developments contrary to Biden’s vision. The reaction from Trump included promises to order the Justice Department to vigorously pursue the death penalty. Trump declared, "We will be a Nation of Law and Order again!" making clear his position on violent offenders.
When examining the nature of capital punishment within the United States, there are significantly more death row inmates sentenced at the state level compared to the federal level. Currently, approximately 2,000 individuals face execution sentences across the country, contrasted with only around 40 federally sentenced inmates. This discrepancy highlights the differing approaches to capital punishment among states and indicates the complicated legislative environment surrounding the issue.
Critics of the death penalty, including human rights organizations, support Biden’s commutations as steps toward abolishing capital punishment. Paul O’Brien, Executive Director of Amnesty International USA, praised Biden's actions, framing them as significant for human rights and encouraging progress against the death penalty.
Despite Biden’s efforts, the potential for change under the new administration raises concerns among abolitionists and legal experts. Many fear the return of capital punishment could revive intense debates about justice and human rights standards.
Biden’s recent actions could leave lasting impacts on the criminal justice system and the future application of the death penalty at the federal level. With these developments, the upcoming months will be pivotal as discussions on capital punishment continue and the balance of power shifts to the incoming administration.
Trump's bold declarations as he prepares to transition back to the presidency establish him as one of the leading voices for maintaining and advocating for capital punishment, pushing against the policies Biden has established. The clash between these two differing philosophies on justice and punishment will likely dominate the political discourse and legal system discussions over the next year and beyond.
With Biden's commutation of these sentences and Trump's intentions for aggressive prosecution, the fate of capital punishment remains uncertain and deeply contentious.
