As President Joe Biden’s term progresses, a significant focus has been placed on his use of clemency powers. Many are asking, “Why Did Biden Pardon So Many People?” To understand this, it’s crucial to examine the scope and rationale behind his clemency decisions, which extend beyond pardons to include commutations and releases, and what these actions signify in the context of criminal justice reform.
Biden’s approach to clemency aligns with promises made during his presidential campaign, where he expressed a commitment to addressing injustices within the criminal legal system. Notably, he pledged to take action on cannabis-related convictions, reflecting a broader shift in societal views on marijuana and the lasting harm caused by the “War on Drugs.” During a Democratic primary debate, Biden stated, “I think we should decriminalize marijuana, period… [A]nd anyone who has a record should be let out of jail, their record expunged, be completely zeroed out.” This statement set the stage for expectations regarding his use of clemency powers.
One of the most impactful uses of presidential clemency is the power to commute sentences, reducing the terms of imprisonment for individuals convicted of federal crimes. In a notable move, President Biden commuted the sentences of nearly all individuals on federal death row. This decision, impacting approximately 50 people, effectively removed the death penalty as a possible punishment, replacing it with life sentences without parole. Why take such a sweeping action? The rationale is multifaceted. Firstly, there’s a growing recognition of the death penalty as a flawed and outdated practice. Evidence suggests it fails to deter crime, is prone to errors that can lead to the execution of innocent individuals, and disproportionately affects people of color, perpetuating racial bias within the legal system. Since 1973, over 200 individuals wrongly convicted and sentenced to death have been exonerated, highlighting the grave risk of irreversible injustice. Furthermore, public support for the death penalty is declining, particularly among younger generations, indicating a societal shift away from this form of punishment. Biden’s commutation of death sentences sends a powerful message aligning with this evolving public sentiment and a move towards what many consider a more just and equitable criminal justice system.
Beyond death row commutations, President Biden also granted clemency to nearly 1,500 individuals who had been released to home confinement under the CARES Act during the COVID-19 pandemic. This action, executed in December 2024, represents the largest single-day clemency grant in recent history. The CARES Act release was initially implemented as a measure to reduce prison populations during the public health crisis. However, Biden’s decision to grant clemency to these individuals signifies a broader endorsement of second chances and the potential for rehabilitation. Data has revealed remarkably low recidivism rates among those released under the CARES Act. As of May 2023, less than 0.2% of over 13,000 individuals released had been rearrested for new offenses. This data strongly suggests that many individuals incarcerated for non-violent crimes can safely reintegrate into society and contribute positively to their communities. Biden’s clemency action in this case reflects a data-driven approach and a belief in the possibility of successful reentry for formerly incarcerated individuals.
Despite these significant clemency actions, many argue that more needs to be done. Advocates for criminal justice reform point to the thousands of individuals still incarcerated for cannabis-related offenses at the federal level, even as marijuana legalization expands across states. These convictions often carry disproportionately harsh sentences, particularly for people of color who are arrested for marijuana possession at significantly higher rates than white individuals, despite similar rates of usage. Furthermore, there is a growing call for clemency for older individuals in federal prisons. Over 20% of the federal prison population is over the age of 50, and research indicates that the likelihood of recidivism decreases significantly with age. Releasing older individuals, many of whom have served lengthy sentences, could represent a cost-effective and humane approach to criminal justice, recognizing that individuals often “age out” of criminal behavior.
In conclusion, President Biden’s clemency decisions, while substantial, are viewed by many as a starting point rather than the culmination of criminal justice reform. His actions, including the death row commutations and CARES Act clemency, reflect a commitment to addressing systemic injustices and offering second chances. The question “why did Biden pardon so many people?” can be better understood as “why did Biden utilize clemency powers in these specific instances?”. The answer lies in a combination of factors: campaign promises, evolving societal views on punishment and rehabilitation, data-driven evidence of successful reentry, and a recognition of the disproportionate impact of the criminal justice system on marginalized communities. As his presidency continues, the extent to which Biden further utilizes his clemency powers will remain a critical indicator of his commitment to meaningful and lasting criminal justice reform.
