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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.

U.S.: Race and the Execution Chamber

After a seven-week freeze following Clayton Lockett's botched execution in Oklahoma, three states executed three death-row inmates in less than 24 hours last week. Georgia, Missouri, and Florida had tangled with defense lawyers for months over the secrecy surrounding their lethal-injection cocktails and where they were obtained, a key issue in Lockett's death. Florida also addressed concerns about its inmate's mental capacity; his lawyers claimed he had an IQ of 78. The U.S. Supreme Court rejected all appeals, however, and the three inmates—Marcus Wellons, John Winfield, and John Henry, respectively—were successively executed without apparent mishap.

In addition to their fates, Wellons, Winfield, and Henry have something else in common: They are among the disproportionate number of black Americans to have been executed since the Supreme Court reinstated the death penalty in 1976.

In the three states where they were executed, blacks constitute a disproportionate share of the death-row population relative to the state population. In Oklahoma and Missouri, black Americans are overrepresented on death row by nearly a factor of four.

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Source: The Atlantic, Matt Ford, June 23, 2014

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