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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.

The Secret Shame of the Death Penalty

Welcome to the macabre absurdity of the modern American death penalty. Of course, death by lethal injection became the standard method only because earlier methods — from hanging to the firing squad to the electric chair — were deemed too “barbaric,” not because the state was taking a human life, but because the method of execution offended the sensitivities of the public in whose name the killing is carried out.

By now, it is clear that lethal injection is no less problematic than all the other methods, and that there is no reason to continue using it. But capital punishment does not operate in the land of reason or logic; it operates in a perpetual state of secrecy and shame.

In most cases, it is conducted late at night, behind closed doors, and as antiseptically as possible. Were it to be done otherwise, Americans would recoil in horror, as they did after the debacle in Oklahoma. Mr. Bucklew’s unusual case shows that death-penalty supporters can’t have it both ways. If they want the United States to remain a global outlier by killing its citizens, they must accept that there are no clean executions.


Source: The Editorial Board, The Opinion Pages, The New York Times, May 22, 2014

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