It has been nearly a decade since the heart-wrenching incident where a white supremacist was graciously allowed into a South Carolina church, proceeded to cruelly massacre nine innocent worshippers attending Bible study. Among the unfortunate victims were the beloved family members and childhood friend of Rev. Sharon Risher. As the arduous legal proceedings concluded in 2017, the shooter, Dylann Roof, was handed down the capital punishment sentence. Initially, Risher adhered to the consensus that he indeed deserved this fate.
Gradually however, Risher found solace in her faith and managed to navigate the complex terrain of forgiveness, even extending it to the individual responsible for the profound pain she experienced. As she delved deeper into the convoluted maze of the death penalty, she started unraveling issues like racial biases and questionable effectiveness of this extreme form of punishment in deterring criminal behavior. Compelled by these revelations, she took the initiative in launching a quest to spare not just Roof but all inmates on federal death row.
Her mission to save lives has taken her into the dangerous territory, advocating for notorious individuals like Dzhokhar Tsarnaev who was condemned for the Boston Marathon bombings, and Robert Bowers who carried out the 2018 mass shooting at the Tree of Life Synagogue in Pittsburgh. As a board member of the Death Penalty Action, her role enabled her to submit a letter personally to the White House in June, requesting President Joe Biden to alter their sentences. The futile attempt ended in disappointment as she received no communication in response.
Risher openly expressed her fears, ‘We’re terrified that if Biden doesn’t intervene, history would repeat itself’. This sentiment has struck a chord with various advocacy groups that are part of a larger campaign pressuring Biden to fulfill his electoral promise of putting an end to the federal death penalty. Biden’s lack of decisive action so far only underscores the cynicism of politics. There is indeed a historical precedent set for mass commutations at the state and federal level, but it is still very much in the realm of uncertainty whether he will step up.
Interestingly, the Trump administration bears the dubious distinction of resuming federal executions after a 17-year lull, presiding over 13 such cases. On this somber list included names like Daniel Lewis Lee, who was the first inmate to face federal execution since 2003, as well as Lisa Montgomery, the only female inmate and the first woman to be executed within a span of 70 years.
The bulk of crimes warranting federal death sentences involve murder, with rare exceptions such as treachery and espionage. Despite serious concerns raised about its effectiveness and ethicality, federal attorneys continue to combat appeals from individuals on death row and, in specific egregious cases, continue to seek new death sentences as well.
These hardline measures have been leveled against such reprehensible characters as Bowers and the man who targeted 10 Black victims in a racially charged massacre at a Buffalo, New York supermarket in 2022. Attorney General Merrick Garland, quite contrary to the desirable transformative changes he promised, placed a mere hold on federal executions in 2021. His decision removed the death penalty from consideration in just over two dozen ongoing death penalty cases.
The continuous push for this penalty seems quite ironic considering the highly skewed demographics of its recipients. Since 1989, nearly 75% of defendants eyed for federal death penalty trials were racial or ethnic minorities, hinting at deep-rooted prejudices that still mar our justice system. Moreover, federal capital trials often feature all white or nearly all white juries, further highlighting the systemic bias.
There have been several notable examples of leaders issuing a slew of commutations, including those on death row, right before the end of their term; a trend Professor Rachel Barkow of New York University describes as ‘super common’. However, this tactic seems to be more about legacy making than any genuine concern for justice.
Recent examples include Oregon’s Governor Kate Brown in 2022, Colorado’s Governor Jared Polis in 2020, Illinois’s Governor George Ryan in 2003, and New Mexico Governor Toney Anaya in 1986 who all cleared their state’s death row. At the federal level, a precedence of granting pardons to death row inmates can be traced back to the inception of the country when President George Washington pardoned two individuals sentenced to death for their participation in the Whiskey Rebellion.
Ultimately, the debate on the morality and efficacy of the death penalty continues to rage. It has been consistently used as a political tool, with the guise of promoting justice, but often reflects the inherent biases of those in power. The lack of substantive action from Joe Biden on his stated campaign promises remains a troubling testament to political insincerity. And the struggle of people like Risher advocating for change against an obstinate system, continues.