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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.

Executing Human Dignity: U.S. Death Penalty System Dominates IACHR Report

The U.S. death penalty system does not meet the rigid requirements of international human rights law: as we note in our statement, the penalty is applied in an arbitrary and discriminatory manner without affording vital due process rights such as access to effective counsel and the right to remedy to halt executions - not to mention that methods of execution and death row conditions have been condemned as cruel, inhuman, or degrading.

The U.S. cannot continue to bury its head in the sand and ignore the evolving international consensus against the death penalty, or discount sound jurisprudence from around the world, which clearly shakes the legal and moral foundation of the penalty.

But people are still being executed. According to the Death Penalty Information Center, as of December 2012, 1,320 people have been executed since the death penalty was restored in 1976. Yet international scrutiny is mounting and the U.S. is left in the sorry company of countries like China, Iran, Iraq, Saudi Arabia, and Yemen as top imposers of the death penalty.

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Source: ACLU, April 21, 2013

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Biden Fails a Death Penalty Abolitionist’s Most Important Test

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