Overview
The federal death penalty applies in all 50 states and U.S. territories but is used relatively rarely. There are 40 prisoners on the federal death row, most of whom are imprisoned in Terre Haute, Indiana. Sixteen federal executions have been carried out in the modern era, all by lethal injection, with 13 occurring in a six-month period between July 2020 and January 2021.
The federal death penalty was held unconstitutional following the Supreme Court’s opinion of Furman v. Georgia in 1972. Unlike the quick restoration of the death penalty in most states, the federal death penalty was not reinstated until 1988, and then only for a very narrow class of offenses. The Federal Death Penalty Act of 1994 greatly expanded the number of eligible offenses to about 60.
The use of the federal death penalty in jurisdictions that have themselves opted not to have capital punishment—such as Washington, D.C., Puerto Rico, and many states—has raised particular concerns about federal overreach into state matters.
News & Developments
News
Nov 14, 2024
New DPI Report Connects Modern Use of Federal Death Penalty to its Racially Biased History
On Thursday, the Death Penalty Information Center (“DPI”) released a new report detailing the troubling racial history of the federal death penalty. Fool’s Gold: How the Federal Death Penalty Has Perpetuated Racially Discriminatory Practices Throughout History documents how racial discrimination has been a throughline in the application of the federal death penalty since the 1800s. The report explains that, despite often being mischaracterized as the…
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Sep 03, 2024
Articles of Interest: The New York Times Editorial Board Argues United States “Does Not Need the Death Penalty”
In an August 31, 2024, editorial from The New York Times, the newspaper’s editorial board writes that capital punishment is “immoral, unconstitutional and useless as a deterrent to crime,” and asserts that President Joseph Biden should follow through with his campaign pledge to end the federal death penalty. The Times believes “it would be an appropriate and humane finale to his presidency for Mr. Biden to fulfill that pledge and try to eliminate the death penalty for federal…
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News
May 06, 2024
Secret Execution Drug Supplier Confirmed, While Federal Death Penalty Reviews Continue at Department of Justice
Recent reporting by The Intercept confirms a story aired in April 2024 on Last Week Tonight with John Oliver identifying Connecticut-based Absolute Standards as the source of the execution drugs used in 13 federal executions in 2020 and 2021. Absolute Standards produces materials for calibrating research equipment, but in 2018, it applied to the Drug Enforcement Administration to be registered as a bulk producer of pentobarbital, the anesthetic used in federal executions and in many…
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News
Mar 27, 2024
Federal Appellate Court Ruling Requires Investigation into Jury Bias in Boston Marathon Case
On March 21, 2024, the 1st U.S. Circuit Court of Appeals ordered the judge who presided over Dzhokhar Tsarnaev’s (pictured) trial to investigate his defense attorneys’ claims of juror bias and determine whether Mr. Tsarnaev’s death sentence should be overturned because of this bias. In a 2 – 1 decision, the 1st Circuit declined defense attorney requests to overturn Mr. Tsarnaev’s death sentence for his participation in the April 2013 Boston Marathon bombing but found that the trial judge “fell…
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News
Jan 16, 2024
U.S. Department of Justice Authorizes First Federal Death Penalty Case for Payton Gendron, Teen Who Killed Ten Black People in 2022
On January 12, 2024, the U.S. Department of Justice (DOJ) announced that it will seek a death sentence for Payton Gendron, the then-18-year-old who killed 10 Black people at a Tops supermarket in Buffalo, New York in 2022. This is the first capital case authorized by Attorney General Merrick Garland and the Biden Administration’s DOJ. The announcement came twenty months after the mass shooting and eleven months after Mr. Gendron pled guilty to state first degree murder charges and was…
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