In a historic move, US President Joe Biden has commuted the sentences of 37 federal death row inmates, replacing their death penalties with life imprisonment without parole. The decision, announced just weeks before the end of his term, excludes three high-profile cases, including those of the Boston Marathon bomber and the Pittsburgh synagogue shooter.
A stand against the death penalty
President Biden reiterated his opposition to capital punishment, declaring, “I am more convinced than ever that we must stop the use of the death penalty at the federal level.” The measure does not extend to more than 2,000 individuals sentenced to death by state courts, highlighting the continued divide between federal and state policies on capital punishment.
Among those spared are individuals convicted of heinous crimes, such as murdering fellow inmates, killing prison guards, and committing murders during bank robberies. Biden acknowledged the gravity of their actions, stating, “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.”
Disgraced former police officer Len Davis, who orchestrated a murder while running a drug ring, is among those granted clemency. Another notable inmate, Billie Allen, who spent 27 years on death row for a bank robbery murder he claims he did not commit, expressed profound relief. Speaking from Terre Haute prison in Indiana, Allen told BBC Radio 4, “When you are facing death every day, to have that burden off you, it’s a great relief.”
Mixed reactions
The decision has sparked polarised reactions, particularly from victims’ families. Heather Turner, whose mother was killed during a 2017 bank robbery, expressed frustration and grief. “Justice is not only doing right. It is also handing out the right consequences. I believe the consequence for murder is death,” she said. Turner accused Biden of making a politically motivated decision, describing the timing during the holiday season as “gut-wrenching.”
Republican critics, such as Senator Tom Cotton of Arkansas, denounced the commutations as favouring “depraved criminals over their victims, public order, and common decency.” On social media, he accused Democrats of pursuing “politically convenient justice.”
Preserving federal moratoriums
Biden’s action aligns with the moratorium on federal executions imposed by the Justice Department under his administration. His predecessor, Donald Trump, had lifted a 17-year hiatus on federal executions, overseeing 13 during his final six months in office.
Trump, now president-elect, has signalled his intent to expand the death penalty during his return to power. During his campaign, he pledged to extend capital punishment to include human traffickers, drug dealers, and migrants who kill American citizens. Biden’s decision, he stated, was made to ensure he could not “stand back and let a new administration resume executions that I halted.”
In US law, presidential commutations and pardons are irreversible by successors, ensuring Biden’s decisions remain intact.
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The broader context
The president’s move comes amidst a broader re-evaluation of capital punishment in the United States. While the death penalty has been abolished in 23 states, six others have moratoriums in place. Yet, federal and state executions persist, with over 70 state-level executions carried out during Biden’s presidency.
The Death Penalty Information Centre estimates that approximately 2,250 inmates remain on state death rows. Federal clemency does not affect these cases, leaving a significant number still under the shadow of execution.
A flurry of clemency actions
The decision follows Biden’s recent commutation of nearly 1,500 sentences and pardoning of 39 individuals convicted of non-violent crimes. Controversially, this included a pardon for his son, Hunter Biden, who faced convictions for tax-related offences and illegal gun possession earlier this year. The move marked the first time the child of a sitting US president had been convicted of a crime.
A divided nation
Biden’s bold step has reignited debate over the moral and practical implications of the death penalty. For supporters, it underscores his commitment to criminal justice reform. For critics, it symbolises a departure from what they view as necessary consequences for the gravest of crimes.
As the nation prepares for Trump’s return to office, the future of federal executions remains uncertain. Biden’s clemency decisions, however, represent a significant moment in the ongoing battle over the death penalty in America.
