In Smith's case, she was sitting on death row before she was granted a new trial to clear her name. Prior to former Attorney General William Barr reinstating the federal death penalty in July 2019, there hadn't been any executions scheduled since 2003. "Because we cannot ensure we get death penalty cases right every time, Biden will work to pass legislation to eliminate the death penalty at the federal level, and incentivize states to follow the federal government's example. "The president has the unilateral, Constitutional power to change the sentences of every man and woman on federal death row to life sentences. Despite all the calls to end the death penalty, US Attorney Offices across the country have still submitted notices of intent to seek the death penalty for defendants.

Source: CNN March 21, 2021 09:56 UTC