in the moratorium memorandum, “Serious concerns have been raised about the continued use of the death penalty across the country, including arbitrariness in its application, disparate impact on people of color, and the troubling number of exonerations in capital and other serious cases.”
The appeals court did not overturn Tsarnaev’s conviction, only the death sentence; under its ruling, he would have remained in prison for the rest of his life. Given Biden’s opposition to capital punishment, there was no reason to seek to reinstate the death sentence. This failure goes to the heart of the problem: There is no principled way to decide when capital punishment is justified — which is why every application is inevitably arbitrary.“The factors that most clearly ought to affect application of the death penalty — namely, comparative egregiousness of the crime — often do not,” he wrote.
Everything Garland said in July is exactly right: The death penalty is imposed in an arbitrary and unprincipled manner, it is disproportionately used against people of color, and there have been many instances of innocent people being wrongly convicted and sentenced to death.
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