President Biden Commutes Sentences for Nearly 1,500 Americans
In a significant move towards criminal justice reform, President Joe Biden announced clemency for roughly 1,500 individuals. This initiative marks a pivotal attempt to address the harshness of the U.S. criminal justice system. The White House indicated that further clemency actions are under consideration by the president.
The recent clemency involves the commuting of sentences for individuals who were placed on home confinement during the Covid-19 pandemic. These individuals have been serving their sentences while reintegrating into society. Additionally, 39 people convicted of nonviolent offenses received pardons from the president.
The Cares Act, passed in 2020, enabled certain medically vulnerable inmates to serve part of their sentences at home to mitigate the health risks posed by the pandemic. Data reveals that people in prison succumbed to Covid-19 at a rate 3.4 times higher than the general population, highlighting the potential for more transfers to home confinement without risking public safety.
The U.S. Constitution, under Article II, Section 2, bestows the president with the authority to exercise clemency, allowing for pardons and commutations for federal offenses, except in impeachment cases. Biden has emphasized his commitment to criminal justice reform, a central theme of his campaign, by leveraging his clemency powers.
As Donald Trump prepares to assume office on January 20, concerns arise about potential reversals of Biden’s policies, including a promised reinstatement of the federal death penalty. However, clemency actions are irreversible, which has led to calls for Biden to extend clemency further. This includes commuting the sentences of over 40 individuals on federal death row to life imprisonment without parole, and addressing racially biased drug sentences affecting over 6,000 individuals.
Statistics from 2013 to 2018 show that Black and Hispanic men constituted approximately 75% of those in federal prison for drug-related offenses. The federal death penalty’s inconsistent application based on geography, race, and quality of legal representation remains contentious. Furthermore, despite existing protections from the Supreme Court, individuals with severe intellectual disabilities and mental illnesses still face the threat of federal execution.
The Brennan Center advocates for the increased use of clemency as a crucial tool for justice and mercy, urging public support for this cause. To participate in this initiative, visit here.
