Skip to main content

The problem with Hillary Clinton's stance on the death penalty

Hillary Clinton
Hillary Clinton
Thursday night's Democratic presidential debate included one brief exchange that showed some overlap but also a sharp philosophical difference between Hillary Clinton and Bernie Sanders on a persistently fractious issue: the death penalty.

The exchange came in response to a question by co-moderator Rachel Maddow, who asked Clinton whether she still stood by an earlier statement in which she "reluctantly" endorsed capital punishment.

"Yes, I do. And - you know, what I hope the Supreme Court will do is make it absolutely clear that any state that continues capital punishment either must meet the highest standards of evidentiary proof of effective assistance of counsel or they cannot continue it because that, to me, is the real dividing line.

"I have much more confidence in the federal system, and I do reserve it for particularly heinous crimes in the federal system, like terrorism. I have strong feelings about that. I thought it was appropriate after a very thorough trial that Timothy McVeigh received the death penalty for blowing up the Federal Building in Oklahoma City, killing 168 people, including 19 children in a day-care center.

"I do for very limited, particularly heinous crimes believe it is an appropriate punishment, but I deeply disagree with the way that too many states are still implementing it. If it were possible to separate the federal from the state system by the Supreme Court, that would, I think, be an appropriate outcome."

Sanders staked out the opposite turf from Clinton, arguing that the death penalty is too prone to error to be trusted but also said more broadly that "of course there are barbaric acts out there. But in a world of so much violence and killing, I just don't believe that government itself should be part of the killing."

To her credit, Clinton has said she "would breathe a sigh of relief" if the Supreme Court were to ban the practice. But there are 2 underlying problems with her position as staked out Thursday night. First is the implication that effective counsel is all it takes to guarantee a fair trial, when many of the death penalty exonerations we've seen in recent years have hinged on prosecutorial or investigative misconduct (including hiding potentially exculpatory evidence from the defense) and lying witnesses. Even the best defense lawyers will have trouble overcoming such practices.

Second is Clinton's suggestion that somehow the federal system has got it right on how to get a clean conviction and a method of execution that is not unconstitutionally cruel and unusual. She cited the case of McVeigh, whose atrocious act of anti-government terrorism killed 168 people, including children at a day-care center, in the federal Alfred P. Murrah Building in Oklahoma City in 1995. That was a heinous act of terrorism, and she called his execution "appropriate."

But it's only appropriate if you view vengeance as the purview of the state. McVeigh was irredeemable and caused unimaginable pain and loss, but that doesn't mean it was just for the government to kill him in return. If killing is wrong, then it's inconsistent to vest that power in the state. That's the moral argument against the death penalty. The pragmatic one - expensive, indiscriminate, prone to manipulation - doesn't inherently give the federal system a pass. In an adversarial judicial system, the goal is to win as much as it is to reach truth and justice.

Since McVeigh's execution, the federal government has put to death 2 more men: Juan Raul Garza just 8 days after McVeigh in 2001, and Louis Jones Jr. in 2003. Neither involved terrorism.

In the 1st case, the government executed Garza despite international protests that the courts had allowed the prosecutor to tell the jury that Garza, a major drug-trafficker convicted of ordering the murders of 2 people and killing a 3rd himself, was a suspect in more murders in Mexico - crimes for which he had never been charged and for which he could not mount a defense during the sentencing hearing. Would the jury have voted for death without that information? Who knows, but insinuation should not be evidence in determining whether someone lives or dies.

The execution of Jones was even more problematic. A highly decorated Gulf War vet with diagnosed psychiatric problems from his service, Jones' life fell apart after the war, propelled largely by his exposure to chemical agents. He was convicted of the 1995 rape and murder of a 19-year-old female Army recruit on a military base. A horrific crime, yes, but it seems to fall outside Clinton's endorsement of capital punishment "for particularly heinous crimes in the federal system, like terrorism."

And there's nothing to suggest that the federal system can't fall victim to the same sorts of manipulations that dog the state courts. And the federal death row includes people convicted of the same kinds of murders for which state courts invoke the death penalty. In fact, the only person on federal death row convicted of terrorism killings is Dzhokhar Tsarnaev, the surviving Boston bomber.

Minorities also make up a disproportionate number of federal sentences (44% black, 39% white, 13% Latino and 2% Native American). It's hard to see much daylight between the federal and state capital punishment systems, other than a matter of scale. The 60 people currently under a federal death sentence (these are the eligible crimes) are dwarfed by the estimated 2,950 people on state death rows.

The death penalty isn't likely to be a pivotal issue in the nominating contests for either major party, nor in the general election. That's unfortunate. It's among the most pressing ethical issues of the day, and challenges to it could well bring more cases to the Supreme Court in the relatively near future.

As it is, Florida and Delaware are struggling to reconfigure their systems after a recent Supreme Court decision that juries and not a judge must determine death sentences. And here in California, voters may have a choice of 2 death-penalty initiatives, 1 to ban it and the other to speed up the execution calendar.

More candidates ought to be talking about it, and more voters should be bringing it up. And I hope Clinton will re-think her stance on it.

Source: Los Angeles Times, Opinion, Scott Martelle, February 6, 2016

Related content:
- Report an error, an omission: deathpenaltynews@gmail.com - Follow us on Facebook and Twitter

Most viewed (Last 7 days)

Alabama | Gov. Ivey commutes Charles “Sonny” Burton’s death sentence

MONTGOMERY, Ala. (WSFA) - Gov. Kay Ivey has commuted the death sentence of Charles “Sonny” Burton, who was set to be executed Thursday. The governor’s office released the following statement: “Governor Kay Ivey on Tuesday announced that she has commuted the death sentence of Charles L. Burton to life in prison with no chance of parole. Mr. Burton was convicted and sentenced to death for the 1991 capital murder of Doug Battle in Talladega, Alabama. As required by law, the governor first reached out to a representative of Mr. Battle’s family. She also notified the attorney general. Governor Ivey’s letter to Alabama Department of Corrections Commissioner John Hamm is attached.

Maldives | Death penalty law for drug trafficking now in effect

MALÉ, Maldives (DPN) — The Maldives has officially brought into force an amendment to its Narcotics Act that introduces the death penalty for large-scale drug trafficking, marking a significant and controversial shift in the island nation’s criminal justice policy. The amended law, which took effect Saturday, March 7, 2026, allows for capital punishment in cases involving the smuggling and importation of specific quantities of illicit substances. The move fulfills a key pledge by President Dr. Mohamed Muizzu’s administration to crack down on the country’s growing narcotics crisis and protect what he has termed the nation’s “100 percent Islamic society.” Thresholds for Capital Punishment Under the new provisions, the death penalty is not a mandatory sentence but an available option for the judiciary when specific criteria are met. The law establishes clear weight thresholds for substances brought into the country: Cannabis: More than 350 grams. Diamorphine (Heroin): More than 250 grams....

Texas executes Cedric Ricks

A Texas man was put to death Wednesday evening for fatally stabbing his girlfriend and her 8-year-old son in 2013, apologizing profusely to her older son who survived with multiple stab wounds and witnessed the execution.  Cedric Ricks, 51, was pronounced dead at 6:55 p.m. CDT following a lethal dose of the sedative pentobarbital at the state penitentiary in Huntsville.  He was condemned for the May 2013 killings of 30-year-old Roxann Sanchez and her son Anthony Figueroa at their apartment in the greater Dallas-Fort Worth suburb of Bedford. Sanchez’s 12-year-old son, Marcus Figueroa, was stabbed 25 times and feigned death in order to survive.

Missouri Man Said DNA Test Could Prove Innocence. He Was Executed Before a Court Ruled.

Lance Shockley died by lethal injection last year. State courts have rejected prisoners’ requests for DNA testing in recent years. Lance Shockley, a man on death row in Missouri, wanted items from the crime scene to undergo DNA testing to potentially prove his innocence. The court scheduled proceedings on his request — but the date set was for two days after his execution. Patty Prewitt can’t have her DNA tested — and fully clear her name — because her sentence was commuted and she is no longer in prison. And others, including Lamar McVay, who is serving 30 years for a robbery, can’t even get an answer from the state on his DNA testing request. He's still awaiting a ruling on a motion he filed in September 2022.

Supreme Court Denies Alabama Appeal, Allowing New Trial in Death Row Case

The U.S. Supreme Court has cleared the way for a new trial for one of Alabama’s longest-serving people on death row after declining to review a lower court ruling that prosecutors violated his constitutional rights by intentionally rejecting Black jurors.  According to an article written by the Associated Press, one of the longest-serving death row inmates in Alabama might receive a new trial after the U.S. Supreme Court rejected the state’s appeal of a lower court’s ruling that prosecutors had violated his rights by intentionally rejecting Black jurors.  According to the article, on Monday, the U.S. Supreme Court declined to review the ruling from the 11th U.S. Circuit Court of Appeals. This decision paved the way for Michael Sockwell, the 63-year-old death row inmate, to receive a new trial.

Alabama | Death row inmate granted clemency shares emotional message on day he was set to die

Alabama governor commuted death sentence of Charles Burton, 75, who didn't kill anyone An Alabama man who was outside a building when a man was killed in an armed robbery is looking at life as "a gift from God" after being granted clemency by the state’s governor just days before he was scheduled to be executed.  Charles "Sonny" Burton, 75, was sentenced to death for his role in the robbery of a Talladega AutoZone store that left a man dead in 1991.  While Burton left the store before Derrick DeBruce gunned down customer Doug Battle, he was tried and convicted as an accomplice, with prosecutors insisting Burton acted as the group’s leader in the armed robbery. 

U.S. | These States Don’t Want You to See the Cruelty of Their Executions

The use of the death penalty has risen sharply in the United States, with more executions in 2025 than any year since 2009. It is a cruel and unjust development. In theory, the death penalty is reserved for “the worst of the worst.” In practice, it is very different. People who are executed for their crimes are disproportionately poor or intellectually disabled and often lacked good lawyers. They are also more likely to be sentenced to death if they have been convicted of killing a white person. Anthony Boyd, who maintained his innocence until Alabama executed him last year at age 54, had an inexperienced court-appointed lawyer and was convicted on disputed eyewitness testimony. Charles Flores, 56, has spent 27 years on death row in Texas for a murder conviction based solely on unreliable testimony from a hypnotized witness. Robert Roberson, who has autism, remains on death row there despite having been convicted on now-debunked evidence that he had shaken his daughter to death.

Prosecutors seek death penalty in 2 Georgia cases

AUGUSTA, Ga. (WRDW/WAGT) - Prosecutors are seeking the death penalty in two separate Georgia criminal cases. One involves the killing of a Gwinnett County police officer and another is over the death of a 4-year-old girl in Hall County . Kevin Andrews is charged in the death of 25-year-old Gwinnett County Police Officer Pradeep Tamang, who was shot and killed while investigating a credit card fraud case. Authorities said Andrews had an outstanding warrant and shot at officers without warning. Another officer, David Reed, was seriously injured.

Florida | Governor DeSantis signs death warrant in 2008 murder case

TALLAHASSEE, Fla. — Governor Ron DeSantis has signed a death warrant for Michael L. King, setting an execution date of March 17, 2026, at 6 p.m. King was convicted and sentenced to death for the 2008 kidnapping, sexual battery and murder of Denise Amber Lee, a 21-year-old North Port mother. On January 17, 2008, Michael Lee King abducted 21-year-old Denise Amber Lee from her North Port home by forcing her into his green Chevrolet Camaro. He drove her around while she was bound, including to his cousin's house to borrow tools like a shovel.  King took her to his home, where he sexually battered her, then placed her in the backseat of his car. Later that evening, he drove to a remote area, shot her in the face, and buried her nude body in a shallow grave. Her remains were discovered two days later. During the crime, multiple 9-1-1 calls were made, but communication breakdowns between emergency dispatch centers delayed the response.  The case drew national attention and prompted w...

Texas Plans Second Execution of the Year

Cedric Ricks is set to be killed on March 11 Cedric Ricks spoke in his own defense at his 2013 murder trial, something most defendants accused of a terrible crime do not do. Ricks confessed that he had killed his girlfriend, Roxann Sanchez, and her 8-year-old son. He admitted he was aggressive and had trouble controlling his anger, stating that he was “sorry about everything.” The Tarrant County jury was unmoved. Ricks has spent the last 13 years on death row and is scheduled to be executed on March 11.