Kamala Harris, once openly opposed to the death penalty despite political costs, now avoids the topic as a candidate. Meanwhile, Donald Trump advocates tougher criminal policies, though presidential authority in this area is limited.
A few blocks from downtown Richmond, Virginia, the intersection of Spring Street and Belvidere Street now presents a completely different view. Where once stood a grim, old brick building, there is now a modern building with a glass facade reflecting the sun shining on Virginia’s capital. Trees along the wide Belvidere Street give the neighborhood a promenade-like feel, with the James River flowing nearby along the memorial for American war dead.
The lasting memory of October 1984
When he first came here in 1984, Michael Stone wasn’t out for a walk; he was on a mission. It was 40 years ago, almost to the day, but the memories are vivid, and he never fully recovered. Michael had just joined the Diocese of Richmond as a social worker. His superiors encouraged him to attend his first vigil, a solemn gathering outside the old brick building. Across the street, another group was gathered, but they were celebrating. “It’s a horrible memory,” said Michael, still moved four decades later. “It marked me forever. And although I hadn’t been particularly concerned about the death penalty, it became my priority.”
The now-demolished building was a penitentiary with a dark history, long marked by the horrors of segregation. It housed Virginia’s death row and its electric chair. That October night in 1984, the condemned man was Linwood Briley, an African-American involved in multiple crimes with his brothers. “This was Virginia's second execution since the reinstatement of the death penalty in the U.S. in 1976,” Stone recalled. Virginia has the highest death toll in the country, with over 1,300 executions, including over a hundred since 1976, surpassed only by Texas and Oklahoma in recent decades.
Virginia’s abolition in 2021
However, the machine ultimately halted in 2021, when Virginia became the first Southern state to abolish the death penalty. Virginians for Alternatives to the Death Penalty, led by Stone, spearheaded this effort. On March 24, 2021, then-Governor Ralph Northam, a Democrat, ended a practice that dated back centuries. The first execution in what would become the United States took place in Virginia in 1608, with a man accused of espionage for Spain, a rival colonial power. Now, capital punishment has been replaced by life imprisonment without parole—another harsh and hopeless sentence. Still, an important step was taken as the electric chair was disconnected.
Of the 50 states, 27 still retain the death penalty. About 20 people are executed annually in the United States, a steady decline since the late 20th century, which saw around a hundred executions per year, dropping to fifty by 2010. There was once hope that this trend would lead to complete abolition. In practice, however, only a handful of states still carry out executions, with some, like California in 2019, declaring moratoriums due to ethical concerns.
“This was the national abolition coalition’s strategy until recently,” explained Rob Poggenklass, director of Justice Forward Virginia, an NGO advocating for judicial reform in Virginia. “The goal was to push the U.S. Supreme Court to examine the issue, given the glaring injustice for those on death row in only a few states. The Constitution requires equal treatment for all citizens. However, with the current Supreme Court, shaped by former U.S. President Donald Trump’s appointees, that’s a dead end. This court will never address it. That path is blocked and for a long time.”
Donald Trump: Proponent of the death penalty
The Republican candidate is an unreserved advocate of capital punishment in the name of “law and order.” However, the president has limited authority in this area, as justice is primarily a state matter in the U.S.
Of the 2,213 inmates on death row, only about 40 are under federal jurisdiction (in cases involving terrorism, military tribunals, etc.).
Still, during his previous term, Trump lifted a 17-year moratorium and sped up executions, with 13 carried out in his last six months as president.
This year, in a campaign dominated by economic and immigration issues, the death penalty is not a national issue. But at rallies, Trump regularly repeats his desire to send drug traffickers and convicted immigrant murderers to the electric chair, drawing enthusiastic applause from his supporters.
Jasna, a lifelong Republican and daughter of Croatian immigrants, is volunteering at a conservative voter information center in Franconia, northern Virginia. Despite being Catholic, she is not disturbed by Trump’s statements. “Of course, life is sacred,” she said. “But there are cases where something has to be done. It’s the worst of the worst—pedophiles, terrorists…” Around her, other volunteers, also Catholic, nod in agreement.
Kamala Harris: A staunch abolitionist but silent in 2024
Kamala Harris is a committed abolitionist. In her time as a California prosecutor, she openly opposed the death penalty, even when it was unpopular. Running for San Francisco District Attorney in 2003, she pledged not to pursue capital punishment and upheld this stance, even after a San Francisco police officer’s murder provoked outrage.
Despite criticism from her own party, she held firm, maintaining her position when she ran for California Attorney General in 2010.
However, the vice president has avoided discussing the issue in her current presidential campaign. This year, unlike in 2016 and 2020, the Democratic Party’s platform, adopted at the summer convention, does not mention abolition. “It would be political suicide,” Stone conceded, noting rising crime post-COVID, even though rates have recently shown a downward trend.
Majority support for the death penalty but declining
“There is indeed a drop in public support for the death penalty, but it’s not enough,” Poggenklas said. While just over half of Americans support capital punishment (down from 67% in 2000, according to Gallup), nearly two-thirds would favor replacing it with life without parole, as Virginia has done. “Political change is what’s needed.”
The 2019 Virginia elections, which gave Democrats majorities in both state chambers, paved the way for abolition. An unplanned factor also helped: an old photo of Governor Northam in blackface from his student years resurfaced in 2019. In response to the outcry, he committed to fighting discrimination, starting with the abolition of the death penalty, which disproportionately affected Black Americans.
Though the death penalty is not a central campaign issue, the November 5 election could impact it. Trump and Harris would pursue opposite policies within their limited presidential influence.
President Joe Biden also has a role to play. “Especially if Donald Trump wins,” noted Stone.
Biden could, before leaving office, commute the sentences of federal death row inmates. “I’m sure the Bishop of Delaware, Biden’s home state, or the Archbishop of Washington will quietly advocate for this cause. Discreetly, which is the most effective way.”
