Judicial appointments and the death penalty are among areas where a lame-duck administration can still leave a mark.
Donald Trump’s second presidential term will begin on Jan. 20, bringing with it
promises to dramatically reshape many aspects of the criminal justice system. The U.S. Senate — with its authority over confirming judicial nominees — will also shift from Democratic to Republican control.
In the 65 days between now and then, the outgoing — or “lame duck” — Biden Administration will likely take steps to maximize its influence and legacy or preempt some Trump administration priorities. Here are three key areas where that may happen.
Judicial nominees
Pardons and commutations
While court appointments require Senate confirmation, the president has the sole authority to issue pardons or shorten sentences for federal crimes. In the face of Trump’s
frequent calls for
retribution against his political enemies, Paul Rosenzweig argues in The Atlantic that Biden should preemptively
pardon some of the figures Trump has in his sights. Rosenzweig, a law professor who served in the George W. Bush administration, names prominent Democrats, Republicans, military officials and former Trump administration members who testified against Trump during congressional hearings as possible pardon recipients.
Because of how
slowly the death penalty appeals process moves, a commutation of all death row sentences would likely stop the Trump administration from completing any executions during this four-year term, assuming current legal precedents remain intact.
Policing and prisons reform
It’s far less clear what the Biden administration can do to preserve its efforts to shepherd reforms in troubled police departments and prison systems. Under Biden, the Department of Justice’s Civil Rights Division has launched 12 investigations into local police departments to determine if they engage in a pattern or practice of civil rights violations.
In October, Reuters reported that
only four of those investigations have been completed, and none of those have led to a final agreement, known as a consent decree, on how the department will be required to fix the problems — though two have produced preliminary agreements.
Source:
themarshallproject.org, Jamiles Lartey, November 16, 2024
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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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