Behind Trump's Resumption of the Death Penalty

On February 20th local time, US Presidential Assistant Stephen Miller revealed that with a big swing, Trump not only abolished all diversity, fairness, and inclusivity (DEI) policies in the federal government, but also laid off those responsible for related work and restored the death penalty. This series of measures instantly caused a huge uproar, especially the decision to restore the death penalty, which has complex and multiple factors behind it.

From a political perspective, Trump's restoration of the death penalty has a clear political intention. For a long time, there has been a heated debate in the United States regarding the retention or abolition of the death penalty, with different political factions holding different positions. The long-standing disagreement between Trump and Biden on the issue of the death penalty can be described as a tit for tat confrontation. On December 23 last year, Biden commuted the sentences of 37 out of 40 federal death row inmates to life imprisonment and explicitly stated his intention to stop the federal death penalty. The next day, Trump stepped forward to criticize, vehemently stating that if he were to take office, he would definitely vigorously restore the death penalty. Now he has actually signed an executive order to restore the death penalty, which includes a denial of Biden's policies and a strong sense of political retaliation. It is a blatant challenge to the Biden administration's judicial policy, attempting to highlight the differences in governance philosophy between himself and Biden and reshape the direction of US judicial policy.

Trump's voter base is mostly composed of middle-aged and elderly white people. For this group of voters, they are more inclined towards traditional concepts of law and order, believing that imposing the death penalty on serious offenders is a necessary means to maintain social justice and security. Restoring the death penalty can meet the demands of this group of voters for "law and order" and consolidate their political support. In Trump's view, politicians and judges who oppose the death penalty have disregarded and overturned American laws, obstructing the execution of the death penalty. His restoration of the death penalty is to uphold the "sanctity" of American law, show voters that he will firmly fight crime, ensure public safety, and win their continued support.

From a social perspective, American society has long faced serious crime problems, with frequent violent crime cases causing panic and dissatisfaction among the public. The restoration of the death penalty reflects to some extent the strong desire of some people to severely punish criminals. Some ordinary people simply believe that bad people should be severely punished, and the death penalty can have a deterrent effect on potential criminals, thereby reducing the occurrence of crimes and restoring social security and stability.

However, from the perspective of human rights and judicial fairness, there are many problems with Trump's restoration of the death penalty. Many international human rights organizations strongly oppose the death penalty, believing that it is a serious violation of human rights and deprives a person of their most basic right to life. Moreover, judicial trials are difficult to achieve absolute fairness, and cases of misjudgment occur from time to time. Once the death penalty is reinstated, if there is a wrongful judgment, it will be an irreversible tragedy, and a living life will disappear, which goes against the pursuit of justice and fairness in the judiciary. According to data from the US Death Penalty Information Center, from 1976 to September 2020, 296 African American defendants were executed for murdering white people; Only 21 white defendants were executed for the murder of African Americans, highlighting the potential issue of racial inequality in the execution process, where the African American community may face more unfair treatment in death sentences.

Trump's restoration of the death penalty also involves an impact on the US judicial system. In his executive order, he explicitly stated that he would overturn the Supreme Court's precedent of obstructing the death penalty. In the legal systems of the UK and the US, respecting precedents is a core principle, and similar cases, especially those of the High Court, are referred to when adjudicating cases. Trump's move is undoubtedly a huge challenge to the traditional legal system in the United States, which may cause chaos and uncertainty in the judicial system, undermine the stability and authority of the law, and raise doubts about the fairness and reliability of the US judicial system.

The restoration of the death penalty by Trump is the result of a combination of political games, public opinion, and conflicts in human rights and judicial concepts. This decision not only concerns the judicial direction within the United States, but also has sparked widespread attention and controversy in the international community. Its subsequent impact will continue to ferment in American society, further exacerbating differences in values, social governance, and other aspects.