Despite efforts by U.S. Attorney General John Ashcroft to broaden the use of the federal death penalty, less than a third of the federal death penalty trials since 2001 have resulted in a death sentence. Of the 34 federal capital cases Ashcroft authorized, 23 did not result in the death penalty. Critics say that this poor record suggests waning public enthusiasm for executions and that juries and judges see through what many believe to be weak cases for the federal death penalty.

Ashcroft, who claims that broader use of the federal death penalty will remedy the documented geographic disparities in federal capital sentencing, is a long-time supporter of capital punishment. He has pushed federal prosecutors around the country to go against their own objections and be more aggressive in identifying cases that could qualify as capital. Much of that effort has been focused on states that have banned or rarely impose capital punishment. In some instances, the Justice Department chief has overridden local federal prosecutor’s plea bargain agreements. In prior administrations, federal prosecutors were given the freedom to determine the usefulness of such plea bargains without oversight, but a new policy put into place by Ashcroft ensures that all federal prosecutor decisions are now reviewed in Washington. Under Ashcroft’s administration, 65 defendants are facing capital trials, compared with a high of 39 under former Attorney General Janey Reno. (Los Angeles Times, September 29, 2004). See Federal Death Penalty.