Explaining the Recent Sentence Commutations of 37 Death Row Inmates
At the close of his term in office, President Joe Biden commuted the sentences of 37 of 40 federal death row inmates. This decision aligns with the Biden administration's ongoing moratorium on federal executions except in cases involving terrorism or hate-driven mass killing.
The Details of the Commutations
The commutation impacts 37 of the 40 individuals currently on death row. Notably excluded are Dzhokhar Tsarnaev, convicted for his role in the Boston Marathon Bombing; Robert Bowers, responsible for the mass shooting at the Tree of Life Synagogue; and Dylann Roof of South Carolina, who killed nine African American church-goers in a racially motivated attack.
What Happens to the Prisoners?
The commutations convert these death sentences to life imprisonment without the possibility of parole. The ability for a president to commute a sentence is a part of the presidential pardoning power.
President-Elect Donald Trump, who is in favor of the death penalty, is not able to undo these commutations, just like he is unable to undo any of Biden's pardons. However, he is able to lift the moratorium on federal executions (regardless of Congressional approval) when he resumes office for future federal convicts sentenced to death.
The Context of Biden's Decision
Biden reiterated his belief that the death penalty should be abolished at the federal level—with the exception of individuals convicted of terrorism or hate-driven mass killings.
Biden's move could be interpreted as a response to a number of advocacy groups and notable figures, including the sitting pope of the Catholic Church, Pope Francis. Biden is a practicing Roman Catholic and has spoken about the significant role that his faith plays in his life. Throughout his political career, Biden has referenced his faith during speeches and public appearances, emphasizing the importance of empathy. President Biden issued statement emphasizing that he stood with the families of the victims and expressed his deep condolences.
People oppose death penalty for various reasons. Advocates of ending the death penalty argue that race plays a significant role in who is sentenced to death and evidence suggests the death penalty does not deter violent crime.
The Current Landscape of the Death Penalty
The death penalty remains a hotly debated topic. A majority of Americans support the death penalty, although the percentage has dropped in recent years, particularly among young people. Unsurprisingly, therefore, this latest exercise of presidential power has sparked a strong reaction, especially from supporters of President-elect Donald Trump, who has promised to resume executions upon taking office.
In his first term, Trump supported the death penalty, advocated for the continuation of executions, and pushed for an expansion of the crimes that could warrant capital punishment.
Trump's spokesperson issued a statement in which he labeled Biden's decision as a "slap in the face" to those who have suffered at the hands of violent criminals, asserting that Trump stands for "law and order."
A Call for Change?
As he finishes his term, President Biden is planning on visiting the Pope in January of 2025. The death penalty is expected to be a focal point of discussion. Some advocates for criminal justice reform view these commutations as a pivotal moment that could shape and eventually change the criminal justice system. For now, though, there is every indication that the federal moratorium on executions will end in a few weeks.
Related Resources
- Swift Decisions, Silent Explanations: Stays of Execution and the 'Shadow Docket' (FindLaw's Federal Courts)
- The Death Penalty in The United States (Findlaw's Learn About the Law)
- Capital Punishment At The Federal Level (Findlaw's Learn About the Law)
