President Joe Biden's recent decision to commute the sentences of 37 federal death row inmates to life imprisonment without the possibility of parole has sparked intense debate and criticism from various quarters, particularly from President-elect Donald Trump.
On December 26, 2024, Biden's administration announced this sweeping measure, affecting nearly all individuals currently facing execution on federal death row. The commutation alters the sentences of 37 of the 40 inmates, with the exception of three high-profile cases: Dzhokhar Tsarnaev, who was involved in the 2013 Boston Marathon bombing; Dylann Roof, responsible for the Charleston church massacre; and Robert Bowers, who carried out the Tree of Life Synagogue shooting.
During the announcement, Biden emphasized his administration's commitment to abolishing the death penalty for all but the most egregious crimes, such as terrorism and crimes of hate. “I cannot stand back and let a new administration resume executions...,” Biden stated, asserting his belief against capital punishment, particularly in non-terror-related cases.
President-elect Trump, on the other hand, characterized this shift as morally wrong, asserting, “Joe Biden just commuted the Death Sentence on 37 of the worst killers in our Country.” His remarks, made via social media, suggested he found the commutations both senseless and insulting to the victims' families, leading to his promise to expand federal use of the death penalty once he assumes office.
Trump's proposed return to capital punishment includes targeting those he designates as violent offenders, indicating he might seek legislation to expedite the death penalty for specific categories of crimes, such as child trafficking and police killings. “I will urge Congress to...ensure anyone trafficking children across our border receives the death penalty immediately,” he said, highlighting his aggressive stance on law and order.
Yet, experts like Douglas Berman, who specializes in sentencing at Ohio State University, caution against the feasibility of Trump's ambitions. He noted, “But whether practically any of [Trump’s proposals] can happen...is a heavy lift.” Public opinion on the death penalty has been shifting, with Gallup polls indicating support has dwindled, reflecting changes over generations.
Within Biden's administration and among advocacy groups, the commutation received praise for signaling a potential shift toward more humane treatment of prisoners. Justin Jones, former Director of the Oklahoma Department of Corrections, remarked, “President Biden has made a courageous decision...,” commending the move as beneficial for federal correctional staff and for allocating resources more rationally.
Similarly, Bryan Stevenson, who leads the Equal Justice Initiative, said the decision “marks an important turning point” and sends out the message to the nation about rethinking the death penalty as adequate deterrence against crime.
The announcement came shortly after Biden had also finalized the “largest single-day grant of clemency” during his presidency, commuting nearly 1,500 sentences for individuals placed under home confinement due to the COVID-19 pandemic. At this point, Biden has granted 65 pardons and has commuted sentences for 1,634 inmates throughout his presidency, leading to mixed reactions from political factions.
While many Democrats and advocacy groups hailed the commutation as progress, critics argue it neglects the severity of the crimes committed by those who will now live out their lives in prison. The backlash from families of victims is palpable, with many feeling betrayed by Biden’s decision.
The three inmates whose sentences were not commuted are emblematic of the most heinous crimes, and Biden's decision not to include them speaks to his administration's careful navigation of public sentiment and criminal justice reform.
The political ramifications of Biden's actions remain significant. With Trump preparing to take office and proclaiming his intent to restore executions, the two administrations embody not only different policies but fundamentally different philosophies toward crime and punishment.
Going forward, the issue of capital punishment remains contentious, with Biden now positioning himself as the reformer against the backdrop of Trump's law-and-order rhetoric. The upcoming political dynamics will likely continue to shape this debate, especially as each moves toward their vision of justice.
