Skip to main content

Opinion: Mr. President, keep your promise on the death penalty

President Biden’s Justice Department recently filed a brief asking the U.S. Supreme Court to uphold the death sentence of Dzhokhar Tsarnaev, who, along with his older brother, bombed the Boston Marathon in 2013.

Many would argue this case is the exact reason we need the death penalty: to punish the worst of the worst crimes. While the acts committed by Tsarnaev were indeed horrific, we embrace the thinking espoused by then-candidate Joe Biden, who pledged to eliminate the death penalty — a process plagued by racial disparities and wrongful convictions of the innocent. As prosecution leaders, we believe our criminal legal system is fully capable of punishing tragic crimes harshly and protecting our communities without resorting to this broken part of our criminal justice system. Indeed, capital punishment says more about us as a nation that it does about those we punish.

This week marks the 45th anniversary of the Supreme Court’s decision to reinstitute the death penalty after stopping all executions just 4 years earlier. In its opinion, the court said that one reason it chose to restart the machinery of death was to channel “the instinct for retribution” and people’s desire to respond to crime with “vigilante justice, and lynch law.”

Yet there is no more dramatic example of systemic racism in criminal justice than this punishment scheme. Historians have found that executions took hold in the early 1900s as a way to satisfy lynch mobs and quell criticism that the killing of Black people before cheering audiences was undermining America’s image on the world stage. As the era of lynchings slowly came to an end, the use of the death penalty accelerated.

This is especially true in the South. As Bryan Stevenson and the Equal Justice Initiative documented, the epidemic of lynching in the United States led to the murder of more than 4,000 Black people between 1877 and 1950. The South is also responsible for more than 1,200 executions in the past four decades, the great majority in our country.

Racism in capital cases persists to this day. In its final 6 months, the Trump administration executed 13 federal prisoners, seven of whom were people of color. Nearly 60 % of those still under a federal death sentence are people of color. And while Black Americans are only 13 percent of the nation’s population, they make up 40 % of federal death row prisoners.

Then there’s the issue of wrongful convictions. A new documentary, for example, offers compelling evidence that Carlos DeLuna was executed in Texas in 1989 for a crime he did not commit. His conviction was based on a cross-ethnic eyewitness identification made at night, a type of evidence that is notoriously unreliable. And both police and prosecutors, in their quest to see DeLuna executed, failed to turn over physical evidence and an audio recording pointing directly to another suspect.

The DeLuna case is far from unusual. One study found that at least 1 in 25 people sentenced to death in this country is likely innocent. That risk is unacceptable in a nation that aspires to be an example of justice and freedom to the world.

The list of problems goes on: In both federal and state cases, the death penalty is used disproportionately against people who receive deficient legal representation and who are poor, mentally ill, traumatized or intellectually disabled. For more than 40 years, many have tried to make America’s death penalty system just. If it were possible, we would have done it by now. It is long past time to end this failed experiment.

We cannot abide the continued use of the death penalty. It is our duty to ensure that our limited criminal justice resources are used to keep people safe. The death penalty does not. There is no credible evidence that it deters murder. We must stop wasting taxpayer dollars on an ineffective punishment that does little more than compound racial and social injustice.

We are not alone in our opposition to capital punishment. This past January, nearly 100 criminal justice leaders — including state and federal prosecutors, attorneys general, police chiefs, sheriffs and former judges — released a letter calling on the president to use his power to end the federal death penalty. And we know change is possible; this year, Virginia — which used the death penalty more than any other state — abolished it once and for all.

Biden can and must do something about our flawed capital punishment system. We urge him to keep his campaign pledge and end the federal death penalty now by commuting all federal capital sentences, directing the Justice Department to no longer seek these sentences and dismantling the government’s machinery of death. This is a necessary step on the road to addressing systemic racism. If we can do this, we will finally begin building the justice system that we all deserve: one grounded in equity, fairness and proven strategies to keep communities safe.

Source: Washington Post, Opinion, June 29, 2021. Karl A. Racine is the D.C. attorney general. Parisa Dehghani-Tafti is the commonwealth’s attorney for Arlington County and the city of Falls Church, Va. Miriam Krinsky is executive director of Fair and Just Prosecution.


🚩 | 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)

California | Becerra vows to extend moratorium despite past support for capital punishment

SACRAMENTO—Democrat Xavier Becerra defended the death penalty while serving as California’s attorney general, a punishment his office actively sought in the case of a gunman convicted of an Orange County mass shooting, but as the front-running candidate for governor, he has vowed to block executions if elected in November. Becerra said he will extend the blanket reprieve for all death row inmates that Gov. Gavin Newsom enacted by executive order in 2019, saying he supported “moving our state away from a costly, flawed system that disproportionately impacts Black and brown communities and too often gets it wrong.”

Iran | Afghan Citizen Executed in Wheelchair Due to Severe Mobility Disability

KABUL, AFGHANISTAN – Iranian authorities have reportedly executed an Afghan citizen, identified as Valijan Nourzay, at the central prison in Rafsanjan, according to the human rights organization Hengaw. Hengaw said in a statement on Sunday, September 6, that Nourzay was executed early Wednesday last week at Rafsanjan Central Prison. According to the organization, Nourzay had a severe mobility disability and was executed while in a wheelchair. Hengaw, citing informed sources, reported that Nourzay had been pursued by Iranian authorities three years ago over an alleged murder. He was reportedly seriously wounded after Iranian security forces opened fire on him in Rafsanjan before being arrested and later sentenced to death.

California | He spent 19 years on death row. His conversion to Judaism helped him endure

Johnny Morales struggled to find sleep. He dozed off for a few moments, but officers came to his death row cell and woke him a little after midnight. They needed to inventory and box up his belongings. He was leaving San Quentin.  Hands cuffed behind his back, he walked across the empty upper yard in the dim gray hours before daylight. An officer walked alongside him step for step, black latex-gloved fingers holding onto Morales’s arm. For almost 20 years, Morales could only experience the world outside his 4-by-11 foot cell in the condemned housing unit like this—chained and escorted by officers. Security protocols required all death row residents be handcuffed or shackled any time they were out in open space with staff.

He Spent 27 Years on Death Row as a Wrongfully Convicted Man. What Comes Next?

23-hour solitary confinement. 115-degree heat. Jimmie Duncan is haunted by the decades he spent in Louisiana’s Angola Prison—and how, even after being released, he still isn’t truly free. Jimmie “Chris” Duncan wiped the sweat off his forehead as he assessed his temporary home from the parking lot of a rundown motel in central Louisiana. Sure, there’s drug dealing and prostitution, he said on a recent summer afternoon. And he suspected his neighbors were cooking meth on a floor below the room he paid $350 a week to rent.

Egypt TV presenter and 11 others sentenced to death in major drugs case

Egyptian television presenter Sarah Khalifa and 11 others have been sentenced to death by hanging after being convicted of drug trafficking and rape, while nine defendants received life sentences and seven were acquitted. Egyptian television presenter Sarah Khalifa, 39, has been sentenced to death by hanging along with 11 other defendants after being found guilty in a drugs case involving a criminal gang accused of importing ingredients used to manufacture narcotics for sale.

Florida executes Daniel Owen Conahan Jr.

In Florida’s 15th execution this year, man put to death for killing linked to ‘Hog Trail Murders’  A Florida man convicted in one of a series of suspected killings that became known as the “Hog Trail Murders” in the 1990s was put to death Thursday, becoming the state’s 15th person executed this year.  Daniel Owen Conahan Jr., 72, was pronounced dead at 6:12 p.m. after receiving a 3-drug lethal injection at Florida State Prison near Starke. He had been sentenced to die for the 1996 kidnapping and strangling of Richard Allen Montgomery, whose mutilated body was found in a wooded southwest Florida area where authorities found the remains of at least 6 people over a 3-year span.

Arizona AG seeks execution date for man convicted in 1995 trooper killing

Trooper Bob Martin was killed during a traffic stop on the Beeline highway; execution for his killer could be as soon as January PHOENIX (AZFamily)—The Arizona Attorney General is asking for an execution date to be set for a man convicted in the killing of an Arizona State Trooper over 30 years ago. On Aug. 15, 1995, Trooper Bob Martin was shot and killed while performing a traffic stop along the Beeline Highway.

Ex-corrections officials urge governor to commute Kansas death sentences

Former Kansas corrections officials are urging Governor Laura Kelly to grant clemency to the state's death row inmates. Former Kansas Corrections Secretary Roger Werholtz has several reasons why he thinks the state should abolish the death penalty. Werholtz, who served as secretary from 2002 to 2010 and returned on an interim basis in 2019, uses his discussions with peers and family members of victims as well as experiences of seeing wrongly convicted people getting exonerated as his guiding points.

Florida executes Harold Gene Lucas

Florida state officials executed 74-year-old Harold Gene Lucas by lethal injection on Tuesday evening, concluding a 50-year legal saga stemming from the 1976 murder of a 16-year-old girl in Bonita Springs. STARKE, Fla. -- A man convicted of killing a teenage girl who rejected his romantic advances and wounding two of her friends was put to death Tuesday in the first of three executions planned this month in Florida. Harold Gene Lucas, 74, was pronounced dead at 6:18 p.m. following a three-drug injection at Florida State Prison near Starke, authorities said. He was sentenced to death for the 1976 shooting attack on Jill Piper and the wounding of her friends, Richard Byrd Jr. and Terri Rice.

Inside and outside Oklahoma execution chamber, Tulsans stand on different sides of death penalty debate

Sheriff Vic Regalado and Father Bryan Brooks, pastor at the Church of Saint Benedict, are two men of influence in Tulsa County. They live different lives—one enveloped in faith, the other elected to lead a law enforcement agency of more than 600. Both were brought together by the death penalty. The men believe it is their duty to support families of victims but land on different sides of the aisle when it comes to executions. Regalado is in support of the death penalty, saying it is part of the criminal justice system and brings closure to the families of murder victims.