With Donald Trump’s return to the presidency looming, the fate of the federal death penalty is at the forefront of concerns among abolitionist advocates. Following his first term, when the federal government resumed executions after nearly two decades, there’s widespread apprehension about what his second term might bring. Advocates against capital punishment are sounding the alarm, fearing another wave of executions could begin immediately when he takes office. They are urgently appealing to President Joe Biden to commute all remaining federal death sentences, effectively ensuring there are no prisoners left waiting for execution when Trump assumes office.
During his 2024 campaign, Trump made it clear he plans to restart federal executions. He has expressed intentions to expand the eligibility for capital punishment, proposing the death penalty not just for murders but also for human traffickers, drug dealers, and even migrants who harm American citizens. His outspoken stance suggests a push for more aggressive approaches to crime and punishment, potentially adding more names to the federal death row.
One of the proposals floating around Trump’s inner circle includes enabling the death penalty for individuals convicted of sexually abusing children, which—despite its popularity among certain circles—has been previously struck down by the U.S. Supreme Court as unconstitutional.
Expert voices within the opposition firmly believe another term for Trump could lead to more executions, especially since his administration oversaw the execution of 13 individuals, marking the first federal executions since 2003. Abraham Bonowitz, executive director of the abolitionist group Death Penalty Action, remarked, “We saw what he’s capable of, and on this promise of his, we should believe him.”
With over 40 prisoners currently on federal death row, the anxiety among abolitionist groups is palpable. They have little faith the judicial system will correct any perceived injustices surrounding these cases. Their pessimism is compounded by past experiences where Trump, during his presidency, was notoriously unsympathetic to pleas for clemency. Advocates argue the death penalty has often been applied unevenly, disproportionately affecting marginalized communities and raising deep ethical questions about its use.
Public sentiment around the death penalty has been changing, with several states halting executions outright, often due to moral, logistical, or legal complications surrounding the procedures involved. Yet, Trump’s stance looks to reinvigorate the federal system, reviving practices already criticized for their fairness and efficacy.
Under Biden, executions were paused, leading to hopes for reform in the penal system; but Trump’s return could overturn those advances. With the increasing perception of crime rates and public safety insecurities, leaders across the political spectrum are taking positions on the matter, often intertwining the death penalty discussion with broader narratives about justice, prosecution, and the effectiveness of deterrents against crime.
The conversation surrounding the death penalty often extends beyond individual cases, delving deeply rooted ethical questions about state-sanctioned killings. Questions of innocence and guilt plague the system, alongside procedural issues surrounding failings of legal representation and judicial oversight. The stress and uncertainty contribute to gnawing doubts over what life on death row really means for inmates – with most prisoners languishing for decades before fulfilling their sentences.
The death penalty is still legal across 27 states, albeit inconsistently applied. Some states, like Pennsylvania, have not executed anyone this century due to moratoriums, yet those sentenced to death remain caught up within the system, sometimes for most of their lives. John Lesko, sentenced to death over 40 years ago for heinous crimes, remains on death row, echoing the limbo many inmates find themselves trapped within. With his case representative of those left waiting on tantalizing hope and bleak despair, such stories bring the human cost of capital punishment to light.
There’s significant concern among opponents of capital punishment about the long-term mental and emotional toll on inmates left awaiting execution. Many death row inmates are kept under stringent conditions, often leading to psychological strain. Activists argue this cruel delay mirrors the death penalty’s broader injustices, calling it cruel and atypical punishment.
These circumstances raise questions not just about justice, but humanity within the system. Advocates argue it’s unjust to leave vulnerable individuals on death row indefinitely, facing uncertainties about their future. Anti-death penalty supporters argue maintaining the status quo perpetuates injustices and points to the decisions made by state officials about who lives and who dies as being fundamentally capricious.
Legal battles are still waged over defining the boundaries of capital punishment, whether it meets constitutional standards of due process and whether the methods used comply with humane treatment. The financial burden of maintaining death row prisoners often exceeds traditional life sentences, with higher costs associated with legal challenges, incarceration, and the long durations inmates spend imprisoned. Activists point to these economic drivers as yet another reason to abolish capital punishment altogether.
Though Trump’s plans to widen the scope of the death penalty raise many alarms, it’s clear this conversation will continue to evolve through the next election. The fears of executions resuming at the federal level blend with wider discussions about justice reforms, law enforcement practices, and how society chooses to deal with its most dangerous individuals. While abolitionists prepare for potential pushbacks, public discourse remains heated, forging pathways to advocate for systemic changes amid fluctuated political landscapes.
With Trump’s second campaign promising to escalate matters, advocates will need to rethink strategies as they grapple with the possible resurgence of federal executions. They urge their supporters and the public to reach out to lawmakers, sparking conversations about the worth and impact of capital punishment as the nation collectively ponders its stance on justice, morality, and the future of penal policy.
