State & Federal Info

Federal Death Penalty

The federal government can seek death sentences for a limited set of crimes, but federal executions are much rarer than state executions.

Overview

The federal death penalty applies in all 50 states and U.S. territories but is used relatively rarely. About 41 prisoners are 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

Jul 06, 2021

Department of Justice Formally Pauses Federal Executions to Review Trump Death-Penalty Regulations

In a mem­o­ran­dum that left to Congress the task of address­ing sys­temic ques­tions of arbi­trari­ness, racial dis­crim­i­na­tion, and wrong­ful con­vic­tions affect­ing the admin­is­tra­tion of the fed­er­al death penal­ty, U.S. Attorney General Merrick Garland (pic­tured) issued a direc­tive for­mal­ly paus­ing fed­er­al exe­cu­tions while the Department of Justice (DOJ) under­takes a review of exec­u­tive branch poli­cies adopt­ed in the last two years of the Trump administration.

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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. government.

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News

Sep 07, 2023

9/​11 Victims’ Family Members, Members of Congress Urge Biden Administration to Abandon Plea Negotiations with Guantanamo Detainees

Family mem­bers of some of the vic­tims of 9/​11 have asked the Biden Administration to aban­don cur­rent plea nego­ti­a­tions with Guantánamo detainees that would remove the pos­si­bil­i­ty of death sen­tences for the men accused of plan­ning the 9/​11 ter­ror attacks. Khalid Shaikh Mohammed and his four co-defen­dants have been held for more than twen­ty years, first at CIA black sites where they were sub­ject to enhanced inter­ro­ga­tion tech­niques” and then at Guantánamo, but none has pro­ceed­ed to tri­al. The request came after fam­i­ly mem­bers were noti­fied by the Pentagon on August…

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News

Aug 03, 2023

Jurors Sentence Robert Bowers to Death for 2018 Synagogue Shooting

On August 1, 2023, death-qual­i­fied fed­er­al jurors unan­i­mous­ly rec­om­mend­ed a sen­tence of death for Robert Bowers, who they had ear­li­er con­vict­ed of killing 11 Jewish wor­ship­pers at a Pittsburgh syn­a­gogue in October 2018. The jury agreed with all five aggra­vat­ing fac­tors alleged by the pros­e­cu­tion dur­ing the penal­ty phase but reject­ed defense counsel’s argu­ment that Mr. Bowers’ schiz­o­phre­nia and delu­sions meant he should not be sen­tenced to death. He will be for­mal­ly sen­tenced by the court on August 3, 2023. Family mem­bers of the vic­tims, some of whom will address…

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News

Jul 13, 2023

Jury Finds Defendant Eligible for Federal Death Penalty in Pittsburgh Synagogue Trial

The jury that found Richard Bowers guilty of all 63 fed­er­al charges he faces in con­nec­tion with the 2018 Pittsburgh syn­a­gogue shoot­ing found him eli­gi­ble for the death penal­ty on July 13, 2023. Jurors delib­er­at­ed for about two hours before find­ing that the pros­e­cu­tion had met its bur­den by prov­ing that Mr. Bowers had the nec­es­sary intent to com­mit the crime and that the crime had spe­cif­ic aggra­vat­ing fac­tors for eli­gi­bil­i­ty. These fac­tors includ­ed the vul­ner­a­bil­i­ty of sev­er­al of the vic­tims. Defense coun­sel pre­sent­ed evi­dence of Mr. Bowers’ men­tal health…

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News

Jun 21, 2023

70 Years After Their Executions, Rosenberg Sons Still Looking to Clear Mother’s Name

Seventy years after the exe­cu­tions of Julius and Ethel Rosenberg, their sons, Michael and Robert Meeropol, have renewed their efforts to clear their mother’s name. Just ten and six years old when their par­ents were exe­cut­ed for fed­er­al charges of con­spir­a­cy to com­mit espi­onage, both men grew up believ­ing in their par­ents’ inno­cence. The Rosenbergs remain the only indi­vid­u­als put to death for peace­time espi­onage in American history. 

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News

May 30, 2023

Victims’ Families are Divided Over Death Penalty as Bowers Trial Begins

On May 25, 2023, 12 death-qual­i­fied jurors and six alter­nates were select­ed in the fed­er­al cap­i­tal tri­al of Robert Bowers, who is charged with killing 11 wor­ship­pers at a Pittsburgh syn­a­gogue in 2018. Prosecutors struck all the Black, Hispanic, and Jewish venire mem­bers. As tes­ti­mo­ny begins on May 30, some vic­tims’ fam­i­ly mem­bers have expressed sup­port for cap­i­tal pun­ish­ment, while oth­ers have objected.

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News

Apr 12, 2023

EDITORIALS: The Pittsburgh Post-Gazette Calls on the Justice Department to Drop the Death Penalty’ in Synagogue Shooting

On April 9, 2023, the Pittsburgh Post-Gazette called upon Attorney General Merrick Garland to with­draw the government’s pur­suit of the death penal­ty and accept a plea deal for a manda­to­ry life sen­tence in the mass shoot­ing at a syn­a­gogue in Pittsburgh in 2018. The edi­tors not­ed that seek­ing a death sen­tence: would, in effect, re-enact the worst case of anti-Semitic vio­lence in U.S. his­to­ry through wit­ness tes­ti­mo­ny, media cov­er­age and appeals that could con­tin­ue for up to 20 years.” The tri­al is sched­uled to begin soon with jury selec­tion on…

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News

Mar 22, 2023

Federal Government Announces Withdrawal of Intent to Seek Death in North Dakota Case

On March 14, 2023, at the direc­tion of Attorney General Merrick Garland (pic­tured), the U.S. Attorney for the District of North Dakota with­drew the notice of intent to seek a death sen­tence for Alfonso Rodriguez, Jr., who had been con­vict­ed in 2006 of the 2003 kid­nap­ping and killing of col­lege stu­dent Dru Sjodin. Rodriguez had orig­i­nal­ly been sen­tenced to death in 2007, but U.S. District Court Judge Ralph Erickson reversed the death sen­tence because of mis­lead­ing tes­ti­mo­ny pre­sent­ed at tri­al from the coro­ner and fail­ures of defense coun­sel to explore…

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News

Mar 13, 2023

Federal Jury Returns a Life Verdict in New York for Sayfullo Saipov

On March 13, 2023, a jury in the fed­er­al death penal­ty pros­e­cu­tion of Sayfullo Saipov in New York City con­clud­ed its delib­er­a­tions with­out com­ing to a unan­i­mous deci­sion regard­ing sen­tenc­ing. As a result, Saipov will be sen­tenced to life in prison with­out parole. On January 26, the jury had unan­i­mous­ly found the defen­dant guilty of mur­der­ing eight peo­ple in 2017 by delib­er­ate­ly ram­ming a truck onto a crowd­ed Manhattan bike path. Neither Saipov nor his attor­neys con­test­ed his involve­ment in the crime.

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News

Feb 02, 2023

Penalty Phase Scheduled to Begin in Federal Capital Trial of Sayfullo Saipov

Sayfullo Saipov (pic­tured) was found guilty in fed­er­al court on January 26, 2023 of killing eight peo­ple on a New York City bike path in 2017 by dri­ving a truck into a crowd of peo­ple. He will now like­ly be the first per­son to face a fed­er­al cap­i­tal penal­ty hear­ing dur­ing President Biden’s admin­is­tra­tion. On February 6, 2023, a jury in Manhattan will begin hear­ing evi­dence to deter­mine whether Saipov will be sen­tenced to death or life with­out parole. The jury must vote unan­i­mous­ly for a death sen­tence to result.

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