State & Federal Info

Military

People serving in the military are subject to a separate system of laws, courts, and procedures — including those regarding capital punishment.

Federal Death Penalty

Federal Death Penalty

Death Penalty Information Center Page: Additional Information on the Federal Death Penalty

Overview

People serving in the military are subject to a separate system of laws, courts, and procedures. Defendants retain certain rights guaranteed under the constitution, such as the right to representation.

The military death penalty has been used sparsely outside times of war. Only a few individuals are on the military death row, which is based at Fort Leavenworth, Kansas. All were convicted of murder. There have been no executions in the modern era of the death penalty.

The military also has jurisdiction over military commissions, which are tribunals convened to try people accused of unlawful conduct associated with war, such as those established in Guantánamo Bay after the September 11, 2001 attacks. No one has been sentenced to death under these commissions.


News & Developments


News

Nov 20, 2023

U.S. Army Overturns the Convictions of 110 Black Soldiers in the 1917 Camp Logan Rebellion to Redress the Unfair Trials that Resulted in the Execution of 19

On November 13, 2023, offi­cials announced that the U.S. Army had over­turned the con­vic­tions of 110 Black sol­diers of the 3rd Battalion, 24th Infantry Regiment, who were charged with mutiny in con­nec­tion with the racial vio­lence that occurred dur­ing the 1917 Camp Logan rebel­lion. Nineteen Black sol­diers were hanged fol­low­ing the court-mar­tial rul­ing on December 11, 1917, which was the largest exe­cu­tion of mil­i­tary sol­diers in his­to­ry. In her state­ment, Secretary of the Army Christine Wormuth…

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News

Nov 10, 2023

A Veterans Day Review: Uneven Progress Understanding the Role of Military Service in Capital Crimes

In 2015, DPIC’s Battle Scars report brought world­wide atten­tion to the issue of mil­i­tary vet­er­ans on death row. DPIC found approx­i­mate­ly 300 vet­er­ans incar­cer­at­ed under a sen­tence of death, rep­re­sent­ing at least 10% of death row, and many more who had been exe­cut­ed. Since that report, research and under­stand­ing about Post-Traumatic Stress Disorder (PTSD), trau­mat­ic brain injury (TBI), sub­stance use dis­or­ders, and men­tal ill­ness among vet­er­ans has only grown. A 2023 sur­vey of…

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News

Sep 28, 2023

Guantanamo Bay Judge Rules 9/​11 Capital Defendant Mentally Incompetent to Stand Trial

On September 21, 2023, a mil­i­tary judge in Guantanamo Bay ruled that Ramzi Bin al Shibh, one of five defen­dants in the 9/​11 case for whom the death penal­ty is being sought, is men­tal­ly incom­pe­tent to stand tri­al. Mr. Bin al Shibh, who has been detained for 21 years, will remain in cus­tody at Guantanamo as author­i­ties attempt to treat the post-trau­mat­ic stress dis­or­der caused when he was forced to under­go enhanced inter­ro­ga­tions” by the U.S.

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News

Aug 22, 2023

Confessions of Guantanamo Detainee in Death Penalty Case Excluded as Product of Torture

On August 18, 2023, a mil­i­tary judge in Guantanamo Bay over­see­ing the pre­tri­al cap­i­tal pros­e­cu­tion of Abd al-Rahim al-Nashiri, the Saudi nation­al accused of orga­niz­ing the October 2000 bomb­ing of the U.S.S. Cole, exclud­ed Mr. al-Nishiri’s con­fes­sions as the prod­uct of tor­ture. Exclusion of such evi­dence is not with­out soci­etal costs,” said the judge, Col. Lanny J. Acosta Jr., in a 50-page deci­sion. However, per­mit­ting the admis­sion of evi­dence obtained by or derived from tor­ture by the same…

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News

Feb 14, 2023

NEW VOICES: Ted Olson, Solicitor General in the Bush Administration, Calls for End to Guantánamo Death Penalty Cases

In an op-ed in The Wall Street Journal, Theodore B. Olson, for­mer U.S. Solicitor General from 2001 to 2004 dur­ing President George W. Bush’s admin­is­tra­tion, called for a halt to the use of the death penal­ty against those impli­cat­ed in the ter­ror­ist attacks of 9/​11. He rec­om­mend­ed that the cap­i­tal pro­ceed­ings against the defen­dants being held in Guantánamo Bay be brought to as rapid and just a con­clu­sion as…

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