From Abolition to Acceleration: The Death Penalty’s Unexpected Return

Deacon Dave Billips protests the execution of Marcellus Williams on September 24th, 2024 in St. Louis Missouri. (Laurie Skrivan/St. Louis Post-Dispatch via AP).

A few years ago, the death penalty seemed to be in America’s rear-view mirror, an ugly thing of the past that was sharply on the decline and falling out of the American zeitgeist. With the first president to oppose the death penalty, 23 states and the District of Columbia having formally abolished it, and three others maintaining long-standing gubernatorial moratoriums, much of the public focus shifted away from the issue.

2021 marked a historic low in executions following the steady decline after the peak in 1999. Yet, from 2021 to 2022 there was a 64% increase and 33% more the following year. 2024 is only expected to rise as there have already been 21 completed executions and 4 more are scheduled. 

Data from the Death Penalty Information Center based on their execution database. Note that the figure for 2024 is an estimate based on the scheduled execution information and completed executions in 2024.

This increase has come as many states after years of halting executions have reinstated the practice. In 2024 South Carolina scheduled their first execution after a 13-year moratorium, Idaho recently attempted an execution after 12 years, and Georgia and Florida both restarted executions after 4 years.

This rise will only be accelerated with the upcoming Trump administration. Trump has called for the expansion of the death penalty, hoping to apply it to drug dealers, migrants who kill U.S. citizens and law enforcement, child rapists, and human traffickers. In his past term, Trump reinstated Federal executions after a 17-year hiatus, broke precedent by pushing through executions during the transfer of power, and with only one term he accounts for 81% of all federal executions since its reinstatement in 1988. 

The question is after a two-decade-long decline, why are we seeing a rise in executions and a return to 80s-era tough-on-crime politics? After Joe Biden in 2020 joined every Democratic presidential candidate in opposing the death penalty, why has the Democratic National Convention removed its stance from the party platform?

All the progress seen has actualized very little. No state has abolished the death penalty since Virginia did in 2021. While Joe Biden promised to abolish the federal death penalty and encourage states to do so, he’s done little to support legislation or action toward those goals. While the attorney general paused federal executions and none have been committed during his presidency, the 43 people remaining on federal death row face an uncertain future that could quickly change. With the Biden administration coming to an end, many have called on them to act on their former campaign promise and commute the death sentences protecting them from the likely executions under Trump. Yet, they have been silent on the issue.

The resurgence of the death penalty underscores the instability in a criminal justice system influenced by politics and shifting public opinions. This issue is tossed around by politicians so casually we forget they’re playing with the lives of American citizens. The upcoming Trump administration will likely accelerate the use of the truly “ultimate punishment” especially as there haven't been decisive efforts to codify reforms against it. The 43 individuals who face the looming possibility of execution should serve as a stark reminder of the necessity of quick and meaningful reform.