“Because we cannot ensure we get death penalty cases right every time, Biden will work to pass legislation to eliminate the death penalty at the federal level ... These individuals should instead serve life sentences without probation or parole.”
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Biden did not work to pass legislation eliminating the federal death penalty, and the federal death-penalty statute remained in force throughout his term; no abolition bill advanced. His administration instead moved toward the same end by executive means: the Justice Department halted federal executions under a moratorium imposed in July 2021, and on December 23, 2024 Biden commuted the sentences of 37 of the 40 men on federal death row to life without the possibility of parole - the substitute punishment his promise specified. The promised legislative repeal did not occur, but a substantial share of the practical outcome was delivered by other means, warranting partial credit.
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