Trump Vows to Pursue Capital Punishment Following Biden's Commutation of Federal Death Sentences

President-elect Donald Trump has vowed to "vigorously pursue" the death penalty following President Joe Biden's decision to commute the sentences of most federal death row inmates. Biden altered the sentences of 37 out of 40 condemned individuals to life imprisonment without parole, aiming to halt Trump's potential execution plans. Trump criticised this move, calling it senseless and disrespectful to victims' families.

Biden's decision aligns with a moratorium on federal executions, except in cases involving terrorism or hate-driven mass murders. Trump expressed his disapproval on social media, stating, "Joe Biden just commuted the Death Sentence on 37 of the worst killers in our Country. When you hear the acts of each, you won't believe that he did this. Makes no sense. Relatives and friends are further devastated. They can't believe this is happening!"

Federal Death Penalty and Public Opinion

Historically, presidents have not influenced punishments sought by federal prosecutors in criminal cases. However, Trump has shown interest in exerting more control over the Justice Department's operations. He plans to direct the department to pursue capital punishment for "violent rapists, murderers, and monsters" once inaugurated, though specifics remain unclear.

Trump highlighted two cases where individuals had their death sentences commuted by Biden. One involved Jorge Avila Torrez, an ex-Marine sentenced for killing a sailor and two young girls. The other was Thomas Steven Sanders, convicted of kidnapping and murdering a 12-year-old girl after killing her mother.

Potential Changes in Capital Punishment Laws

On the campaign trail, Trump advocated for expanding the federal death penalty to include those who kill police officers or commit drug and human trafficking crimes. Douglas Berman, a sentencing expert at Ohio State University, noted Trump's consistent support for capital punishment but questioned its feasibility under current laws.

Berman suggested Trump's recent statements might be rhetorical responses to Biden's commutations. He said, "I'm inclined to think it's still in sort of more the rhetoric phase. Just, don't worry. The new sheriff is coming. I like the death penalty." Public support for capital punishment has declined over decades, with only about half of Americans favouring it in recent polls.

State vs Federal Death Sentences

Before Biden's commutations, there were 40 federal death row inmates compared to over 2,000 sentenced by states. Berman pointed out that most crimes leading to death sentences are handled by states. Questions arise about whether Trump's administration might attempt to take over state murder cases related to drug trafficking or from states that have abolished the death penalty.

Berman also mentioned that Trump's statements could be part of an effort to challenge a Supreme Court precedent deeming the death penalty disproportionate for rape. He noted such changes would take decades to materialise.

Remaining Federal Death Row Inmates

Biden left three federal inmates facing execution: Dylann Roof for the 2015 racist killings at Mother Emanuel AME Church; Boston Marathon bomber Dzhokhar Tsarnaev; and Robert Bowers for the 2018 Tree of Life Synagogue attack. Advocacy groups like the ACLU and U.S. Conference of Catholic Bishops supported Biden's decision to limit federal executions.

Some victims' families expressed anger over Biden's decision, while others pressured him to make it harder for Trump to increase capital punishment use for federal inmates.