President Joe Biden’s Monday announcement that he would commute the death sentences of 37 federal inmates should not be seen as an act of mercy for people convicted of awful crimes. It was a substantial move to align the United States with the rest of the democratic world, which has largely abandoned the practice of killing people as an instrument of justice.

In other words, Mr. Biden’s use of his commutation power was extraordinary — and insufficient. Three men will remain on federal death row, and more people could be put there in future years. Meanwhile, many states continue to execute people.

We say this while acknowledging the horrors these people committed; the three men Mr. Biden left on death row were convicted of mass shootings or terrorist attacks. We also acknowledge that a majority of Americans still favors the death penalty, despite a downward trend in recent years. Mr. Biden’s attempt to split the difference, leaving what he considered the worst of the worst on death row, is therefore understandable.

Yet the death penalty is expensive, impractical and too often unjustly applied. And, even if the death penalty posed none of these problems, the government should not purposely take lives outside of war or similar conflict. The state should be better — far better — than those who unnecessarily and premeditatedly extinguish human life.

Our view has seen substantial wins in recent years. Executions have plummeted as public support for the practice has moderated. But 2024 offered multiple signs that the momentum may be ebbing. President-elect Donald Trump promised during his campaign to expand the death penalty. And the Death Penalty Information Center, in its annual end-of-year report, shows that the number of executions nationwide, though still far below their heights at the turn of the century, have been ticking upward in recent years. Twenty-five people were executed in the United States in 2024, slightly up from the previous year and more than twice the three-decade low reached in 2021.

That’s largely the result of efforts by officials in Republican-run states to reactivate the death penalty. Three states this year — Utah, South Carolina and Indiana — carried out their first executions in more than a decade. Alabama also experimented with a new way to kill its inmates: asphyxiating them with nitrogen gas. The first person subjected to this method, Kenneth Smith, convulsed and gasped for air for four minutes. Following the execution, Alabama Attorney General Steve Marshall encouraged other states to adopt the method. “Alabama has done it, and now so can you,” he said. Increasingly, states are carrying out these executions behind a veil of secrecy. Just last week, Indiana, citing state law, executed Joseph Corcoran with no media witnesses.

This year also saw an increase in the number of people sentenced to death, from 21 in 2023 to 26. About a third of those sentences were imposed by nonunanimous juries, thanks to laws in Florida and Alabama that allow jurors to recommend the death sentence even if they don’t reach consensus. In fact, Florida in 2023 enacted legislation allowing death sentences to be imposed if just 8 out of 12 jurors vote in favor.

Of course, as Mr. Biden acknowledged in his Monday announcement, most people with death sentences in the United States committed heinous crimes and deserve little sympathy. But one can condemn such acts while also maintaining that executing criminals cannot bring back victims of those crimes or make whole those who lost loved ones.

Also, mistakes happen, even in an advanced criminal justice system such as that of the United States. In July, Larry Roberts became the 200th person sentenced to death to be exonerated of his alleged crime since the DPIC starting tracking wrongful convictions in 1973. No one should be comfortable with that number. Since 1976, when the Supreme Court ended its four-year moratorium on the death penalty, more than 1,600 people have been executed in the United States. How many of them were likewise innocent?