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)

Tennessee | Questions Raised About the Doctor Who Was Overseeing Tony Caruthers’ Execution

Mark Fowler, according to a deposition, had not placed a central line in a patient for more than a decade when he attempted to put one in Carruthers Around 11 a.m. Thursday morning in the execution chamber at Riverbend Maximum Security Institution in Nashville, a medical doctor stepped in and attempted to place a central IV line in Tony Carruthers’ chest. By that point, the prison staff had spent some 30 minutes trying unsuccessfully to insert a backup IV line that would allow them to proceed with the lethal injection. According to Carruthers’ attorney Maria DeLiberato, who was in the room, after asking a staff member to attempt inserting a line through Carruthers’ jugular vein, the doctor moved on to the central line, which is identified as the last resort in Tennessee’s lethal injection protocol .

Oklahoma | Richard Glossip on Life After Decades on Death Row

In an exclusive interview at home in Oklahoma City, Glossip describes his first days of freedom in a world he hasn’t experienced for nearly 30 years. For three decades, Richard Glossip lived on concrete. First at the Oklahoma County jail, after his arrest for murder in 1997, and then in the underground bunker housing death row inmates at the Oklahoma State Penitentiary. As with the rest of his surroundings, he eventually got used to the hard, unforgiving floors, although recently he’d developed painful swelling in his legs.

China Executed 2,400 People in 2013, Dui Hua

A Chinese police officer lights a last cigarette for an inmate moments before his  execution.  The Dui Hua Foundation estimates that China executed approximately 2,400 people in 2013 and will execute roughly the same number of people in 2014. Annual declines in executions recorded in recent years are likely to be offset in 2014 by the use of capital punishment in anti-terrorism campaigns in Xinjiang and the anti-corruption campaign nationwide. Dui Hua bases its 2013 estimate on data points published in Southern Weekly that are consistent with information provided to Dui Hua by a judicial official earlier this year. The mainland magazine reported that a former senior judge of the Supreme People's Court (SPC) stated at a seminar in July that the number of executions had reached 1/10 of the highest number recorded since 1979. In 1983 - the 1st year of the Strike Hard campaign during which the power to approve capital punishment was given to provincial high courts - 2...

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

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   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 execu...

New Mississippi billboard warns criminals: ‘Firing squad is legal’

DESOTO COUNTY, Miss. (WREG) — A billboard standing on Interstate 55 southbound as you cross the Tennessee state line and enter Mississippi from Memphis is sending a grim message to those coming into the state. DeSoto County District Attorney Matthew Barton recently announced the new billboard campaign, which features the sign reading, “WELCOME TO MISSISSIPPI. WHERE THE FIRING SQUAD IS LEGAL. THINK TWICE.” It references Mississippi’s law permitting execution by firing squad under certain circumstances for inmates sentenced to death. Barton says this campaign is aimed at deterring violent crime and sends a direct message to criminals entering Mississippi.

EU GSP+ Reform: Will Brussels Finally Enforce Its Own Conditions on Pakistan?

The EU has tightened the rules governing GSP+ trade preferences, but Pakistan’s record raises a harder question: whether Brussels is prepared to suspend market access when a major beneficiary fails to demonstrate sustained compliance with human rights, labour and governance obligations. The European Union has formally adopted revised rules for its Generalised Scheme of Preferences, strengthening the conditions attached to preferential market access for developing countries. The new framework will apply from 1 January 2027 and is intended to tighten monitoring, widen the list of international conventions, and make suspension of benefits easier in cases of serious violations.

Iraq: German schoolgirl, 17, turned jihadi bride escapes death penalty and is jailed for six years

GERMAN Jihadi bride Linda Wenzel has been jailed for six years in Baghdad for her role as an Islamic enforcer with terror group ISIS. Wenzel, 17, who last year sobbed on TV “I have ruined my life,” could have faced the death penalty. German media reported that a German embassy representative in Iraq was in court yesterday to witness her sentencing. She received five years for joining IS and one year for entering Iraq illegally. Wenzel was found in the rubble of IS stronghold Mosul back in the summer of 2017. Charges were laid against her and three other German women captured with her. Schoolgirl Wenzel fled to Turkey then into Syria last year from her hometown of Pulsnitz in eastern Germany after being groomed online by a Chechen IS fighter who she married. He was killed in the savage fighting for Mosul while she was employed by the terror group enforcing the strict Islamic dress code on women in the city. She burst into tears after her capture and said s...

Iran executes Esma Zarei in Ardabil Prison after she gave birth in custody

Hengaw – Saturday, May 23, 2026. Iranian authorities have executed Esma Zarei, a 28-year-old Turkish woman from Parsabad in Ardabil Province, who had previously been sentenced to death on charges of “premeditated murder” in connection with the killing of her husband. She is the sixth woman executed in Iran since the beginning of 2026. According to information received by Hengaw Organization for Human Rights, Zarei was executed at dawn on Wednesday, May 20, 2026, in Ardabil Central Prison. She had been sentenced to qisas (retribution-in-kind) after being convicted of her husband’s murder.

US | Federal judge upholds constitutionality of nitrogen gas executions

MONTGOMERY, Ala. (AP) — A federal judge on Thursday ruled that execution by nitrogen gas does not violate the constitutional ban on cruel and unusual punishment, rejecting an Alabama inmate’s claim that it causes excessive suffering. The ruling came after the first bench trial in the country to examine the constitutionality of the execution method that has now been used to put eight people to death, seven in Alabama and one in Louisiana. The ruling clears the way for Alabama and other states to continue with the method and is a setback for critics who hoped a fuller examination of Alabama’s protocol would halt its use.

Florida: The Daily Routine of Death Row Inmates

The breakfast carts rattle through the concrete prison at about 5:30 am and as they approach Death Row the first sounds of morning repeat the last sounds of night - remote controlled locks clanging open and clunking closed, electric gates whirring, heavy metal doors crashing shut, voices wailing, klaxons blaring. A maximum security prison has no soft or delicate sounds. At the end of each corridor of death row cells a guard opens a heavy door of steel bars and a prison trusty pushes a breakfast cart inside. The door closes behind him and when it locks a second door opens and admits the trusty to the wing. He steers his cart along the wing stopping at each cell to pass a tray of powdered eggs and lukewarm grits through a small slot on the bars. Food is prepared by prison staff and transported in insulated carts to the cells. The food carts are full of cockroaches, the food is often undercooked or just rotten and is served on Styrofoam plates with a plastic "spork" - fork/spoon...