Trump’s Plan to Expand Federal Death Penalty Sparks Debate
President-elect Donald Trump has expressed his intent to expand the federal government’s use of the death penalty, prompting advocates to urge President Biden to commute the sentences of the 40 individuals currently on federal death row to life without parole. Concerns over fairness and legality persist, as Trump’s administration, in July 2020, conducted the first federal execution in 17 years, executing 13 people within six months—three times the number executed in the previous six decades.
In July 2021, Attorney General Merrick Garland imposed a moratorium on federal executions, citing issues such as arbitrary application, racial disparities, and a significant number of exonerations in capital cases. This moratorium halted new executions pending a review of policies from the Trump era meant to expedite the process. However, legal and moral concerns remain unresolved, allowing the Department of Justice to pursue capital cases under controversial procedures.
The Federal Death Penalty: Uneven Application and Racial Disparities
Federal death sentences can be sought for certain crimes nationwide, yet factors like geography, race, and legal representation significantly influence who receives these sentences. Since the modern federal death penalty’s institution in 1988 until the 2021 moratorium, nearly half of federal death sentences came from three states: Missouri, Texas, and Virginia. Approximately two-thirds of current federal death sentences were imposed in three of the 12 judicial circuits.
Racial disparities are stark, with 73 percent of those tried in federal capital cases being people of color, and Hispanic people facing the death penalty at 2.3 times the rate of white people. In Texas, Black individuals in federal trials are 16 times more likely to receive a death sentence than non-Black people. Additionally, a 2010 study highlighted the inverse correlation between the likelihood of receiving a federal death sentence and the hours defense attorneys spent on investigation and preparation, with jurisdictions with active death penalties generally expending fewer resources on defense.
Intellectual Disabilities and Mental Illness: Vulnerabilities in the System
The Supreme Court prohibits executing individuals with intellectual disabilities or severe mental illness, yet data shows that around 85 percent of those on federal death row have significant mental impairments. Executions have proceeded despite unresolved questions regarding the capacity of individuals, such as Corey Johnson, Lisa Montgomery, and Wesley Purkey, who suffered from severe mental or intellectual disabilities.
Controversies Surrounding Lethal Injection
Federal executions previously halted over questions about the drug cocktail’s constitutionality resumed under Trump’s administration with a switch to pentobarbital. While intended to be more humane, pentobarbital can also cause flash pulmonary edema, raising concerns about its painful effects during executions. Legal challenges ensued, but the Supreme Court lifted stays on executions despite significant evidence suggesting potential for extreme pain and suffering.
Concerns Over Miscarriages of Justice
At least 200 individuals sentenced to death nationwide have been exonerated since 1973, though federal capital review procedures may not sufficiently guard against miscarriages of justice. The Department of Justice’s internal review process, followed by judicial review, does not always fully address claims of racial bias, trial errors, or government misconduct.
Cases such as those of Orlando Hall, Lezmond Mitchell, Brandon Bernard, and Daniel Lee highlight potential shortcomings in the review process, where issues like racial discrimination in jury selection, lack of tribal consent, withheld evidence, and inconsistent sentencing raise significant concerns.
With 40 individuals currently on federal death row, these cases highlight ongoing racial and geographic disparities, questions of legality and fairness, and concerns over the humanity of the punishment. The federal system serves as a national model, potentially influencing over 2,000 individuals on death row nationwide. The responsibility now lies with President Biden to commute these sentences to life imprisonment, preventing executions under the current circumstances.
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