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"President Biden has taken the most consequential step of any president in our history to address the immoral and unconstitutional harms of capital punishment," said the ACLU's executive director.
President Joe Biden on Monday commuted the sentences of 37 people on federal death row, preempting an expected killing spree by President-elect Donald Trump—who ended his first White House term with a string of executions and campaigned on expanding the death penalty.
Biden's decision empties federal death row with the exception of three people: Dylann Roof, Robert Bowers, and Dzhokhar Tsarnaev.
The 37 people whose sentences were commuted will receive life in prison without the possibility of parole. One of the individuals whose sentence was commuted was Billie Jerome Allen, who has spent more than half of his life on federal death row after being convicted at 19 years old of a crime he says he did not commit.
"These commutations are consistent with the moratorium my administration has imposed on federal executions, in cases other than terrorism and hate-motivated mass murder," said Biden.
The president added that he is "more convinced than ever" that the U.S. must "stop the use of" capital punishment at the federal level.
"In good conscience," Biden said, "I cannot stand back and let a new administration resume executions that I halted."
Chris Geidner, publisher of Law Dork, noted Monday that the commutations "show a different man at the end of his time in elected office than the one who supported greatly expanding the federal criminal justice system during his decades in the Senate."
"It is a record that led to much skepticism when, as a candidate for president in 2020, Biden pledged to eliminate the federal death penalty," Geidner added.
The president's latest use of his clemency power in the waning days of his White House term came after a monthslong pressure campaign by principled opponents of the death penalty, including progressive lawmakers, human rights organizations, religious leaders, and former federal judges.
Anthony Romero, executive director of the ACLU, applauded Biden's move Monday as "a historic and courageous step in addressing the failed death penalty in the United States—bringing us much closer to outlawing the barbaric practice once again."
"By commuting the sentences of 37 individuals on death row, President Biden has taken the most consequential step of any president in our history to address the immoral and unconstitutional harms of capital punishment," said Romero. "President Biden's actions also remove 37 individuals out of harm's way—as President-elect Trump has a proven penchant and track record of conducting rushed executions. In the last six months of his first term, President Trump executed 13 individuals—more than any administration in 120 years."
"The ACLU is proud to join countless advocates and civil and human rights organizations in thanking President Biden for his leadership and commitment to the highest principles of justice and humanity," Romero added.
The Equal Justice Initiative (EJI) said Monday that Biden's move "marks what could become a turning point in the history of capital punishment in the United States."
"Thirty years ago, then-Sen. Joe Biden championed the death penalty and took personal credit for dramatically expanding the number of crimes for which the death penalty could be imposed," the group said in a statement. "However, over the last three decades, troubling errors have emerged surrounding the use of capital punishment. Scores of wrongful convictions of innocent people, dramatic evidence of racial bias, and sometimes torturous executions have come to define the death penalty."
"There are now 200 people who have been proved innocent and released after being sentenced to death in the United States, some facing execution for decades before their exoneration," EJI added. "For every eight people executed in the last 50 years, one innocent person has been identified and set free. It is a shocking rate of lethal error that would likely be unacceptable in any other area of public safety, public health, or government oversight."
Paul O'Brien, executive director of Amnesty International USA, urged Biden to fully clear federal death row before leaving office.
"While this is a big win for human rights and the 37 men who have had their death sentences commuted, the death penalty is never the answer," said O'Brien. "Close to three-quarters of the countries in the world have now abolished the death penalty in law or practice... It is high time to end this cruel practice everywhere in the United States and beyond."
This story has been updated to include a statement from Amnesty International USA.
"State-sanctioned murder is not justice, and President Biden has an opportunity and an obligation to save lives," Democratic Rep. Ayanna Pressley said earlier this week.
U.S. President Joe Biden on Thursday announced that he is commuting the sentences of nearly 1,500 Americans and pardoning 39 people convicted of nonviolent crimes, a move the White House described as "the largest single-day grant of clemency in modern history."
But the president's sweeping use of his clemency power as his term nears its conclusion did not appear to extend to any of the 40 men currently on death row—some of whom have been there for decades.
According to a White House fact sheet, those who received commutations "have been serving their sentences at home for at least one year under the Covid-era CARES Act," a law that extended the amount of time in which people could be placed in home confinement to reduce the spread of the virus in prisons.
The White House did not name those who received pardons or commutations but said the list includes a "decorated military veteran," a "nurse who has led emergency response for several natural disasters," and "an addiction counselor who volunteers his time to help young people find their purpose."
The Biden Justice Department paused federal executions in 2021, but President-elect Donald Trump pledged on the campaign trail to expand the use of the death penalty and is expected to allow the executions of the 40 men on death row to take place if they're still there when he takes office next month.
In a statement on Thursday, Biden said that he has "the great privilege of extending mercy to people who have demonstrated remorse and rehabilitation, restoring opportunity for Americans to participate in daily life and contribute to their communities, and taking steps to remove sentencing disparities for non-violent offenders, especially those convicted of drug offenses."
"That is why, today, I am pardoning 39 people who have shown successful rehabilitation and have shown commitment to making their communities stronger and safer," the president said. "I am also commuting the sentences of nearly 1,500 people who are serving long prison sentences—many of whom would receive lower sentences if charged under today’s laws, policies, and practices. These commutation recipients, who were placed on home confinement during the Covid pandemic, have successfully reintegrated into their families and communities and have shown that they deserve a second chance."
Biden, who campaigned on ending the death penalty at the federal level, vowed to "take more steps in the weeks ahead" as his administration reviews clemency petitions, leaving open the possibility of commutations for death row prisoners.
But he's running out of time, human rights organizations, religious leaders, former federal judges, and progressive lawmakers have warned in recent days as they've ramped up pressure on Biden to act.
"State-sanctioned murder is not justice, and President Biden has an opportunity and an obligation to save lives and make good on his campaign promise to address the federal death penalty before leaving office," Rep. Ayanna Pressley (D-Mass.) said at a press conference earlier this week. "With the incoming administration planning to execute the 40 individuals on death row, we're calling on the president to use his clemency authority to commute their death sentences and resentence them to a prison term."
Connecticut's Supreme Court ruled Thursday that the state's ban on cruel and unusual punishment prohibits the planned executions of 11 men on death row, thereby abolishing all capital punishment in the state.
The 4-3 decision came three years after the state passed a law that repealed the death penalty but did not spare those already sentenced to die.
"Upon careful consideration of the defendant's claims in light of the governing constitutional principles and Connecticut's unique historical and legal landscape, we are persuaded that, following its prospective abolition, this state's death penalty no longer comports with contemporary standards of decency and no longer serves any legitimate penological purpose," Justice Richard Palmer wrote for the majority.
"For these reasons, execution of those offenders who committed capital felonies before April 25, 2012, would violate the state constitutional prohibition against cruel and unusual punishment," he continued.
The court's decision came in response to an appeal by Eduardo Santiago, a man on death row in Connecticut. While public defenders represented him, the ACLU and its Connecticut chapter filed separate amicus briefs to support his case.
Dan Barrett, the legal director of the Connecticut ACLU, told Common Dreams, "We are overjoyed at the ruling because it once and for all declares that killing prisoners is not a part of justice in Connecticut."
The court concluded that the death penalty violates the state's constitution because of: "the freakishness with which the sentence of death is imposed; the rarity with which it is carried out; and the racial, ethnic, and socio-economic biases that likely are inherent in any discretionary death penalty system."