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Biden Has 65 Days Left in Office. Here’s What He Can Do on Criminal Justice.

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Judicial appointments and the death penalty are among areas where a lame-duck administration can still leave a mark. Donald Trump’s second presidential term will begin on Jan. 20, bringing with it promises to dramatically reshape many aspects of the criminal justice system. The U.S. Senate — with its authority over confirming judicial nominees — will also shift from Democratic to Republican control.

Former Texas Death Row Inmate Testifies at Congressional Hearings on Solitary Confinement

On June 19, the U.S. Senate Subcommittee on the Constitution, Civil Rights and Human Rights held hearings on solitary confinement in U.S. prisons, including the conditions of many state death rows. The hearings marked the 1st time lawmakers on Capitol Hill have considered this issue. 

Anthony Graves, a former Texas death row inmate, described the conditions of his incarceration in a 8 by 12 foot cage with no physical human contact for years. Meals were passed through a slot, as if feeding an animal. Graves equated his time on Texas’s death row with solitary confinement and described it as “physical, emotional, and psychological torture.”

He added, “I saw guys who dropped their appeals because of the intolerable conditions. Before his execution, one inmate told me he would rather die than continue existing under these inhumane conditions. I saw guys come to prison sane, and leave this world insane, talking nonsense on the execution gurney. One guy suffered some of his last days smearing feces, lying naked in the recreation yard, and urinating on himself.” 

In 2010, Graves was completely exonerated and released from death row because of new evidence of his innocence. Senator Richard Durbin (D-Ill.) said, “We can have a just society, and we can be humane in the process. We can punish wrongdoers, and they should be punished under our system of justice, but we don’t have to cross that line.”

Source: DPIC, June 21, 2012

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