President Joe Biden is reportedly considering commuting the sentences of up to 40 federal death row inmates, a move that could become one of his administration’s most significant -- yet controversial -- criminal justice reforms, and the potential decision, expected to be announced by the end of 2024, has sparked intense public debate over its implications.

Biden’s consideration reflects his controversially evolving stance on the death penalty and efforts to reform sentencing policies in the United States, as the Daily Mail reports.

The reported plan, first disclosed by the Wall Street Journal, involves replacing the death sentences of eligible inmates with life imprisonment without parole. This would apply to individuals on federal death row, including some of the most infamous criminals in recent history.

Notorious Crimes Highlight Complexity

Among those on death row are individuals such as Dylann Roof, responsible for the Charleston church massacre in 2015, and Iouri Mikhel, convicted of kidnapping and murdering five immigrants. Thomas Sanders, who killed a 12-year-old girl, and Daniel Troya, involved in the drug-related murders of two children, are also included in the discussion.

However, certain individuals, such as Dzhokhar Tsarnaev, the 2013 Boston Marathon bomber, and Robert Bowers, who perpetrated the 2018 Tree of Life synagogue shooting, are considered less likely to have their sentences commuted. Attorney General Merrick Garland has reportedly recommended that offenders convicted of terrorism and hate crimes face stricter treatment under the potential clemency plan.

This nuanced approach underscores the challenges of addressing capital punishment while balancing justice and public opinion.

Biden's Clemency Record

Biden’s decision comes as his administration seeks to reshape federal sentencing policies. The president has already issued a record number of clemencies during his tenure, commuting the sentences of 1,500 individuals and pardoning 39 others, primarily for non-violent offenses. These actions, Biden stated, aim to address sentencing disparities and provide opportunities for rehabilitation.

The president previously promised to work toward the abolition of the federal death penalty during his 2020 campaign. While Congress has yet to pass legislation to that effect, Garland implemented a moratorium on federal executions to review the process.

The administration’s actions reflect a broader shift in criminal justice priorities under Biden’s leadership.

Divided Public Opinion on Death Penalty

The plan to spare death row inmates reflects Biden’s evolving position on the issue. During his Senate career, he supported capital punishment but has since shifted to advocate for reform. His administration has faced pressure from religious and civil-rights organizations urging clemency for death row prisoners.

However, the potential move has drawn criticism, particularly from Republicans. Senate Minority Leader Mitch McConnell warned that such clemency would undermine the justice system’s condemnation of crimes like white supremacy and antisemitism. “It would mean that progressive politics is more important to the President than the lives taken by these murderers,” McConnell said.

Public opinion remains divided, with an October 2024 Gallup poll indicating that 53% of Americans still support the death penalty. Republican voters have consistently backed capital punishment over the past 25 years, reflecting a broader partisan divide on the issue.

Challenges for Military Death Row Cases

While the plan focuses on federal death row inmates, questions remain regarding four individuals on military death row at Fort Leavenworth. It is unclear whether these cases will be included in the potential commutations.

The Biden administration is also reviewing clemency petitions for nonviolent offenders, many of whom were identified by civil rights groups as victims of unjust sentencing practices. These reviews align with the administration’s broader efforts to address disparities in the criminal justice system.

The focus on nonviolent offenders highlights the administration’s commitment to incremental reforms.

Announcement Could Shape Legacy

Biden’s potential clemency decision could be announced by Christmas 2024, just weeks before his term ends in January 2025. Such a move would mark a historic exercise of presidential clemency, though it is likely to remain controversial.

As debates continue, the White House has emphasized that no final decision has been made. The Justice Department has also declined to comment, leaving uncertainty over how the administration will navigate this politically sensitive issue.

Biden has described clemency as an opportunity to extend mercy and promote fairness. “As President, I have the great privilege of extending mercy to people who have demonstrated remorse and rehabilitation,” he said, citing a commitment to addressing sentencing disparities and providing second chances for rehabilitated individuals.

Whether Biden proceeds with the commutations or takes a more limited approach, the decision is poised to influence public perception of his administration’s priorities in criminal justice reform.