Skip to main content

Democrats Should Stop Saying Some People Should Die in Prison

Replacing the death penalty with death in prison is not true progress.

Late last week, a clip of an interview from the New York Times with Sen. Elizabeth Warren made the rounds on social media. In it, Warren spelled out her position against the death penalty, citing the evidence of wrongful convictions and racism associated with capital punishment. Then she added: “I think that people who have committed truly heinous crimes should die in prison. I think that is how we give them the maximum, maximum punishment that we can: keep them in prison for all their days.”

Warren’s answer echoes a similar response by Bernie Sanders, who thinks those who commit “horrific” crimes should “spend the rest of their days” in prison. This position is widely accepted as the progressive stance on the death penalty: Nearly every person vying to be the Democratic presidential nominee agrees that life without parole should replace the death penalty.

But answers like Warren’s and Sanders’ represent a continuation of the same punishment-focused mindset that has fueled our incarceration addiction over the past several decades and will stand in the way of ever achieving a truly fair criminal legal system. Despite a recognition across the political spectrum of the need to end failed tough-on-crime policies that have exploded prisons and budgets, we will solve nothing if we think the answer is to substitute one cruel punishment with another. We have to end our culture of believing “maximum, maximum punishment” is the solution.

Similar to the death penalty, life without parole is prohibitively costly, does not effectively deter crime, and can be replaced without risking public safety. More than 100 people sentenced to life without parole have been exonerated since just 2013. Yet, as even Justice Antonin Scalia recognized, an innocent person is “infinitely better off” challenging a death sentence than a life sentence. Scalia explained that the same “risk of wrongful convictions” exists if “horrendous death-penalty cases were converted into equally horrendous life-without-parole cases,” but because a person will obtain more legal assistance and court attention with a death sentence, an innocent person sentenced to life without parole is more likely to “languish unnoticed behind bars.”

As Warren did, nearly every Democratic candidate has spoken about the racism inherent in the death penalty. They are of course correct: Black people account for 40 percent of the death row population. But none addressed the fact that racial imbalances are actually more stark in the life-without-parole context. Of those serving life without parole, 56 percent are Black. As Michelle Alexander, author of The New Jim Crow, recently wrote, many who sincerely think they are trying to address the “real harms” in our criminal legal system tend to “underestimate” the inherent bias and racism rampant throughout.

US mass incarcerationAnd life without parole is cruel. One man who served more than 36 years in prison before his life-without-parole sentence was overturned described it as “the sense of being dead while you’re still alive, the feeling of being dumped into a deep well struggling to tread water until, some 40 or 50 years later, you drown.” Canada, Mexico, France, Italy, and Germany do not have life sentences without the possibility of parole. England has one seven-hundredth the number of people serving life without parole as does the United States. In 2017, by a 16–1 decision, the European Court of Human Rights ruled that denying a person the chance for parole is “inhumane and degrading treatment” in violation of the European Convention on Human Rights. It defies reason to believe our society is made better by keeping thousands of people, as they grow elderly and infirm, in prison until they die.

Some may still see no problem with life without parole for people who commit “truly heinous crimes.” But it is a fallacy that this country has ever proven willing or capable of reserving the most severe punishments for only the worst offenders. If draconian punishments are an option, whether the death penalty or life without parole, they will be disproportionately used against people of color and wielded in an arbitrary, unfair manner.

Currently, with over 53,000 people serving a life-without-parole sentence and another 2,600 on death row, there are likely hundreds, if not thousands, of people serving these sentences who would not meet any reasonable definition of the “worst of the worst.” One-fourth of life-without-parole sentences are for a crime other than murder, and 43 percent of people on death row are in need of mental health treatment, 25 percent have an active mental health disorder, and 14 percent are intellectually disabled.

According to the Bureau of Justice Statistics, more than 40 percent of all murders are committed by people 24 years old or younger, and over 60 percent are by people not even 30 years old. In her book, Until We Reckon, Danielle Sered spells out that while young adults are the age group most prone to violence, they are also the age group most capable of change. But life without parole strips these young people of any hope of release no matter how they change. A life-without-parole sentence sends an unmistakable message: A person is irredeemable and beyond rehabilitation no matter what happens over the next 25, 30, 40 years in prison.

Bernie Sanders and Elizabeth WarrenAllowing people sentenced to life in prison to have the opportunity—not the guarantee but the hope—for parole is not soft on crime and will not create an unreasonable risk to the public. Instead, a chance for release recognizes that our criminal legal system is supposed to rehabilitate people, and it gives people in prison a reason to reform. Most people have that capacity to grow and change. Life without parole, like the death penalty, ignores that truth while defining thousands of people for life as no more than the worst thing they ever did.

And people age out of crime, no matter the original offense. Studies have determined that whether a person is over the age of 50 is “the most important predictor of lower recidivism rates.” Only 7 percent of those ages 50 to 64 and 4 percent of those over 65 are returned to prison for new convictions—the lowest rates among all incarcerated demographics. For example, after a 2012 change in the law led to nearly 200 people who had been convicted of murder in Maryland being released after more than 30 years in prison, less than 3 percent have been rearrested and none for a serious crime of violence.

Warren and Sanders deserve praise for their criminal justice reform platforms, recognized as “the most decarceral criminal justice platforms to enter presidential politics.” So does every candidate who has taken a stance against the death penalty, a position not taken by Hillary Clinton in 2016 or even by Barack Obama during his presidency. But their willingness to default to life without parole as a solution is evidence of the work that still must be done.

Source: slate.com, Ben Miller and Daniel S. Harawa, January 22, 2020


⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

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.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a written record of convicted killer Hamida Djandoubi's last moments before he was guillotined in a Marseilles prison on September 10, 1977. This written record -- dated September 9 -- was written by a judge appointed to witness the execution. Djandoubi's execution was the last execution carried out in France before capital punishment was abolished in 1981. Then-President Valéry Giscard d'Estaing, who had voiced his "loathing for the death penalty" before he was elected to office, flatly turned down Djandoubi's appeal for clemency and chose to let "Justice run its course", as he did on two previous instances ( Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977). Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was executed in Marseilles' Baumettes prison in September 1977. The following text was writ...

Texas: Dexter Darnell Johnson to die on August 15; Larry Ray Swearingen on August 21

Dexter Darnell Johnson's execution is scheduled to occur at 6 pm CDT, on Thursday, August 15, 2019, at the Walls Unit of the Huntsville State Penitentiary in Huntsville, Texas.  31-year-old Dexter is convicted of the murder of 23-year-old Maria Aparece and 17-year-old Huy Ngo on June 18, 2006, in Houston, Texas.  Dexter has spent the last 11 years of his life on Texas’ death row. Dexter was born and raised in Texas. He dropped out of school following the 9th grade. During the early morning hours of June 18, 2006, Dexter Johnson and 4 of his friends, Ashley Ervin, Louis Ervin, Keithron Fields, and Timothy Randle, were driving around in Ashley’s car, looking for someone to rob. The group discovered Maria Aparece and Huy Ngo siting in Maria’s vehicle on the street. Johnson took a shot gun and stood outside the driver’s side door, threatening to shoot Maria if she did not cooperate. Johnson demanded she open the door, and when she did, he threw her into the ...

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.

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.

Texas Death Row Prisoner Andre Thomas Too Mentally Ill to Attend His Own Competency Hearing, Doctor Warns

A March 9, 2026, com­pe­ten­cy hear­ing for Andre Thomas, a death-sen­tenced pris­on­er in Texas, has been post­poned to an unspec­i­fied date because of con­cerns that Mr. Thomas is too men­tal­ly ill to be trans­port­ed to his com­pe­ten­cy hear­ing and he could not be re-exam­ined by the State’s expert. Mr. Thomas was sched­uled to be exe­cut­ed in April 2023; how­ev­er, his exe­cu­tion date was with­drawn in March 2023 , cit­ing con­cerns with his severe men­tal ill­ness (SMI) and com­pe­ten­cy to face execution.

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....

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.

Vietnam | 4 get death penalty in Ho Chi Minh City's drug trafficking ring

The People's Court of Ho Chi Minh City on Thursday sentenced four defendants to death for their roles in a large-scale drug trafficking ring in the city. Those receiving the death penalty for "illegal trading narcotic substances" were Nguyen Binh Dai (born in 1988), Mac Vinh Khiem (1991), Thai Duy Quang (1990), and Nguyen Binh Trieu (1972), all residents of HCMC. In the same case, Tran Tong Dung, born in 1974, was sentenced to 30 years in prison for illegal drug trading and storage. Huynh My Ngoc (2002), Thach Ngoc Yen Vy (2001), and Nguyen Dai Nghia (1997) received life sentences, while Pham Thanh Phuong (1997) from An Giang Province was sentenced to 20 years in jail for illegally transporting drugs.