US presidential election 2024: The death penalty is missing from the election campaign, but not from people's minds

A few blocks from downtown Richmond, Virginia, the intersection of Spring and Belvidere Streets now offers a completely different sight. Where once stood a gloomy old brick building, today stands a modern building with a glass facade that reflects the sun shining on Virginia's capital city. Trees along wide Belvidere Street give the neighborhood a boardwalk-like feel, and the James River flows nearby alongside the Memorial to American War Dead.

The lasting memory of October 1984

When Michael Stone first came here in 1984, he didn't go for a walk; he was on a mission. It was almost 40 years ago to the day, but the memories are vivid and he has never fully recovered. Michael had just joined the Diocese of Richmond as a social worker. His superiors encouraged him to attend his first vigil, a solemn gathering in front of the old brick building. There was another group gathering across the street, but they were celebrating. “It’s a terrible memory,” said Michael, still moved four decades later. “It shaped me forever. And although I wasn’t particularly concerned about the death penalty, it became my priority.”

The building, now demolished, was a penitentiary with a dark history, long marked by the horrors of racial segregation. It housed Virginia's death row and its electric chair. On that October night in 1984, the convict was Linwood Briley, an African American who, along with his brothers, was involved in several crimes. “This was Virginia’s second execution since the death penalty was reinstated in the United States in 1976,” Stone recalled. Virginia has the highest death toll in the country, with more than 1,300 executions, including over a hundred since 1976, surpassed only by Texas and Oklahoma in recent decades.

Virginia's abolition in 2021

However, the machine finally came to a halt in 2021 when Virginia became the first Southern state to abolish the death penalty. The organization Stone led, Virginians for Alternatives to the Death Penalty, spearheaded this effort. On March 24, 2021, then-Governor Ralph Northam, a Democrat, ended a century-old practice. The first execution in what would later become the United States took place in Virginia in 1608. A man was accused of spying for Spain, a rival colonial power. Now the death penalty has been replaced by life imprisonment without parole – another harsh and hopeless punishment. Nevertheless, an important step was taken by switching off the electric chair.

Of the 50 states, 27 still retain the death penalty. About 20 people are executed each year in the United States, a steady decline since the late 20th century, when about a hundred executions took place each year, declining to fifty by 2010. There was once hope that this trend would lead to complete abolition. In practice, however, only a handful of states still carry out executions, with some, like California in 2019, imposing moratoriums on ethical grounds.

“That was the strategy of the national abolition coalition until recently,” said Rob Poggenklasse, director of Justice Forward Virginia, an NGO that advocates for justice reform in Virginia. “The goal was to get the U.S. Supreme Court to review the matter, given the blatant injustice for those on death row in just a few states. The constitution requires equal treatment of all citizens. However, given the current Supreme Court, which is shaped by the appointments of former US President Donald Trump, this is a dead end. This court will never deal with it. This path is blocked for a long time.”

Donald Trump: supporter of the death penalty

The Republican candidate is an unqualified supporter of the death penalty in the name of “law and order.” However, the president has limited powers in this area because justice in the United States is primarily a state matter. Of the 2,213 inmates on death row, only about 40 are subject to federal jurisdiction (in cases involving terrorism, military courts, etc.). Still, Trump lifted a 17-year moratorium in his previous term and sped up executions, with 13 executions carried out in his final six months as president.

This year, the death penalty is not a national issue in a campaign dominated by economic and immigration issues. But at rallies, Trump regularly repeats his desire to send drug traffickers and convicted immigrant murderers to the electric chair, drawing enthusiastic applause from his supporters.

Jasna, a lifelong Republican and daughter of Croatian immigrants, volunteers at a conservative voter information center in Franconia, Northern Virginia. Even though she is Catholic, Trump's comments don't bother her. “Of course life is sacred,” she said. “But there are cases where something needs to be done. It’s the worst of the worst – pedophiles, terrorists…” Around her, other volunteers, also Catholics, nod in agreement.

Kamala Harris: A staunch abolitionist but silent in 2024

Kamala Harris is a committed abolitionist. During her time as a California prosecutor, she openly opposed the death penalty, even though it was unpopular. When she ran for San Francisco district attorney in 2003, she promised not to seek the death penalty and stuck to that stance even after the murder of a San Francisco police officer sparked outrage. Despite criticism from her own party, she stood her ground and retained her position when she ran for California attorney general in 2010.

However, the vice president has avoided discussing the issue in her current presidential campaign. Unlike in 2016 and 2020, this year the Democratic Party platform adopted at the summer convention does not mention abolition. “It would be political suicide,” Stone acknowledged, citing rising crime in the wake of COVID, even as rates have trended downward recently.

Majority support for the death penalty, but declining

“There is actually a decline in public support for the death penalty, but it is not enough,” Poggenklas said. While just over half of Americans support the death penalty (down from 67% in 2000, according to Gallup), nearly two-thirds would favor replacing it with a life sentence without parole, as Virginia did. “Political change is necessary.”

The 2019 elections in Virginia, which gave Democrats a majority in both state chambers, paved the way for abolition. An unplanned factor also helped: In 2019, an old photo of Governor Northam in black letters from his student days resurfaced. In response to the outcry, he committed himself to fighting discrimination, starting with the abolition of the death penalty, which disproportionately affected black Americans.

Although the death penalty is not a central campaign issue, the November 5 election could have an impact. Trump and Harris would pursue opposing policies within their limited influence as president. President Joe Biden also has a role to play. “Especially if Donald Trump wins,” Stone noted. Biden could commute the sentences of federal death row inmates before he leaves office. “I'm sure the bishop of Delaware, Biden's home state, or the archbishop of Washington will quietly support this cause. Discreet, which is most effective.”