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Biden Fails a Death Penalty Abolitionist’s Most Important Test

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The mystery of Joe Biden’s views about capital punishment has finally been solved. His decision to grant clemency to 37 of the 40 people on federal death row shows the depth of his opposition to the death penalty. And his decision to leave three of America’s most notorious killers to be executed by a future administration shows the limits of his abolitionist commitment. The three men excluded from Biden’s mass clemency—Dylann Roof, Dzhokhar Tsarnaev, and Robert Bowers—would no doubt pose a severe test of anyone’s resolve to end the death penalty. Biden failed that test.

Joe Biden on Capital Punishment


Biden is credited for authoring several significant pieces of legislation in the area of federal law enforcement, including The Violent Crime Control & Law Enforcement Act of 1994, widely known as the Biden Law, which:

- Banned the manufacture of 19 specific semiautomatic "assault weapons"

- Allocated more money to build prisons & set up bootcamps for delinquent minors

- Designated 50 new federal offenses, including gang membership, and created several new federal death penalty offenses, including murders related to drug dealing, drive-by shooting murders, civil rights-related murders, murders of federal law enforcement officers, and death caused by acts of terrorism or weapons of mass destruction.

The law was passed shortly before the Oklahoma City bombing, and its provisions were applied to execute Timothy McVeigh. The legislation received bipartisan support, but was reviled by death penalty opponents and civil libertarians. Some believe it broke ground for the USA PATRIOT Act of 2001.

More on Biden on Death Penalty:

Joe Biden on crime

Joe Biden on Civil Liberties

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