State & Federal Info

Federal Death Penalty

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

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

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…

Read More

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…

Read More

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…

Read More

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…

Read More

News

Jan 09, 2024

Federally Death-Sentenced Prisoners Allege that New Conditions of Confinement Contributed to Recent Prisoner Death

According to state­ments from sev­er­al fed­er­al death row pris­on­ers, the new adverse con­di­tions” on death row in Terre Haute, Indiana, con­tributed to the December 1, 2023 death of Nasih Khalil Ra’id. Fellow pris­on­ers say Mr. Ra’id, whose giv­en name at birth was Odell Corley, died by sui­cide. Prison offi­cials have not released the report from Mr. Ra’id’s autop­sy or com­ment­ed on the cause of his…

Read More