Joe Biden's Death Row Commutations and the Pardon Power
WSJ Opinion: Potomac Watch
Deep Dive
Why did President Biden commute the sentences of 37 federal death row inmates?
President Biden commuted the sentences of 37 federal death row inmates to life imprisonment without parole as part of his administration's moratorium on federal executions, excluding cases of terrorism and hate-motivated mass murder. He stated that he is convinced the federal death penalty should be stopped and wanted to prevent a new administration from resuming executions after he leaves office.
What criticism was raised regarding Biden's use of the pardon power?
Critics argued that Biden's use of the pardon power was inappropriate because it was based on a policy disagreement rather than individual case assessments. They contended that the pardon power is meant for cases with mitigating circumstances, not for mass clemency based on personal opposition to the death penalty. Additionally, leaving three inmates on death row undermined the principle that the state should not take a life, regardless of the crime.
Which three inmates did Biden leave on death row, and why?
Biden left Robert Bowers (Tree of Life Synagogue shooter), Dylan Roof (Mother Emanuel AME Church shooter), and Dzhokhar Tsarnaev (Boston Marathon bomber) on death row. He excluded them because his policy excluded terrorism and hate-motivated mass murder cases, though critics argued this inconsistency undermined his principled stance against the death penalty.
How has public support for the death penalty changed over time?
Public support for the death penalty has declined over time. In 1994, about 80% of Americans supported it, while less than 20% opposed it. By 2023, support dropped to 53%, with 43% opposed. However, support remains higher for specific cases like mass shootings or terrorism.
What arguments were made for and against amending the presidential pardon power?
Arguments for amending the pardon power include preventing abuses, such as lame duck pardons or blanket pardons, and ensuring accountability to voters. Against amending it, some argued that the Constitution's broad pardon power is essential for freedom and flexibility, and that restricting it could lead to unintended consequences or bureaucratic inefficiency.
What is the proposed 'lame duck pardon ban' amendment?
The proposed amendment would ban presidents from exercising the pardon power from one month before the presidential electors are chosen until the next term begins (roughly October to January 20). This would prevent lame duck presidents from issuing controversial pardons without voter accountability.
What is the deterrent argument for the death penalty in prisons?
The deterrent argument suggests that the death penalty prevents violence in prisons by deterring inmates already serving life sentences from committing further crimes, such as murdering guards or other inmates, since they have no fear of additional punishment.
- President Biden commuted sentences of 37 death row inmates.
- Critics argue this was a misuse of pardon power based on policy, not individual cases.
- The decision to leave 3 inmates' sentences intact is inconsistent and questionable.
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