41st Execution Under Biden: President Pledged End Of Death Penalty But Has Made Little Progress On Issue

President Joe Biden’s promise to eliminate the death penalty at the federal level and work to end capital punishment in states seems to have gone dormant as the Department of Justice continues to press for the death penalty in certain cases and Biden—the first president to openly oppose the execution of prisoners—stays quiet on the issue as they continue in states.

Biden pledged to push for the death penalty’s elimination on the campaign trail in 2020 and did order a moratorium on carrying out federal death sentences, but since then his administration has been largely silent on the matter.

The nonpartisan Death Policy Information Center says there are 43 federal death row prisoners with sentences dating back as far as 1997, with the most recent death row inmate, Brandon Council of South Carolina, sentenced in 2019.

While no defendants have been sentenced to death since the start of the Biden administration, the Department of Justice has sought to uphold death sentences in previously prosecuted cases including those of church shooter Dylann Roof, Boston Marathon bomber Dzhokhar Tsarnaev and Rejon Taylor, sentenced in 2008 for killing a restaurant owner.

A federal jury in Pennsylvania earlier this month found Robert Bowers, convicted of killing 11 people at a Pittsburgh synagogue in 2018, eligible for the death penalty and is considering whether to recommend it, a process that could last several weeks, CNN reported.

Advocates have called on Biden to commute federal death penalties and abolish the capital punishment system, the New York Times reported, which would require Congress to pass legislation.

Earlier this month, Senators Ed Markey (D-MA) and Dick Durbin (D-Ill.), with Rep. Ayanna Pressley (D-MA), reintroduced the Federal Death Penalty Prohibition Act of 2023 that would stop judges from imposing federal death sentences and require re-sentencing of those currently on death row.

The White House in January told the Associated Press that "the DOJ makes decisions about prosecutions independently."

There have been no federal executions under the Biden administration, but 41 people have been put to death in seven states since he took office.

White House representatives did not immediately respond to request for comment Friday.

NEWS PEG

Alabama executed its first prisoner in a year early Friday morning when convicted murderer James Barber, 64, died by lethal injection. Barber told NBC he had "no fear of death," but did worry about the lethal injection after Alabama was forced to stop three executions due to challenges finding a vein through which to administer lethal drugs. Barber’s attorneys appealed to the Supreme Court Thursday night to halt the execution, but the Court denied the request, with three liberal judges accusing Alabama of using Barber as a "guinea pig.” Barber was not a federal inmate.

KEY BACKGROUND

The death penalty in the United States dates back to the first establishment of the colonies. The Massachusetts Bay Colony held its first execution in 1630. The state of Massachusetts has since abolished the practice. Death sentences peaked in the mid 1990s, when more than 300 people were sentenced to death row per year, and have since sharply declined, the Death Penalty Information Center says. Lethal injection was first used in 1982, when Charles Brooks was given a lethal dose of sodium thiopental via an intravenous line in Texas. Between December 7, 1982 and the practice's 40th anniversary last year, the federal government has killed 1,377 prisoners using some version of the method, the nonprofit says. The Pew Research Center most recently in 2021 conducted a poll on how Americans feel about capital punishment—60% of U.S. adults favor the death penalty for people convicted of murder while 78% admit there is some risk that an innocent person will be put to death.

BIG NUMBER

13. President Donald Trump in 2020 allowed federal executions to go forward for the first time in 17 years. Thirteen people were put to death during his last six months as president, more than any other single president has overseen in more than 120 years, according to AP.

TANGENT

There are 27 states that still allow the death penalty to be imposed in certain cases, according to the Death Penalty Information Center, three of which have governors who have imposed moratoriums on executing inmates—California, Pennsylvania and Oregon. Arizona and Ohio's governors have paused the death penalty while the state systems are reviewed. Arizona Democratic Gov. Katie Hobbs said there will be no executions until there is "confidence that the state is not violating the law," and Ohio Republican Gov. Mike DeWine said the state will no longer use lethal injection, pausing execution until lawmakers choose a different method of capital punishment, per AP.

Source: Forbes, Mary Whitfill Roeloffs, July 21, 2023

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

— Oscar Wilde

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

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Jeffery Lee, who successfully challenged his scheduled Thursday execution by nitrogen gas, argued that execution by firing squad would be less painful. The Alabama Attorney General’s Office Friday sought to put an Alabama death row inmate to death by lethal injection a day after the U.S. Supreme Court rebuffed the state’s attempt to execute him by nitrogen gas. In a filing with the Alabama Supreme Court Friday afternoon, the state sought an expedited motion to set a new execution date for Jeffery Lee, 49. The state said that with a permanent injunction in place against nitrogen gas, the method by which the state intended to execute Lee on Thursday, it could execute him by lethal injection or the electric chair.

Alabama | Judge bars nitrogen gas execution, says method is unconstitutionally cruel

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Thomas, Alito and Gorsuch wanted an execution that a Trump judge deemed illegal

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