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

Oct 07, 2026

Nidal Hasan May Be Executed on December 3 by Firing Squad; First Military Execution in 65 Years

The U.S. Army has set an execution date of December 3 for Nidal Hasan, who was convicted of killing 13 people in a mass shooting on the Fort Hood military base in 2009. The announcement comes after President Donald Trump approved Secretary of War Pete Hegseth’s recommendation to put Mr. Hasan to death by firing squad. The execution will take place at Fort Hood in Texas. However, Mr. Hasan is constitutionally entitled to pursue appellate review of his death sentence in civilian federal courts…

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News

Jun 26, 2025

Arizona Legislature Moves Towards Compensating Exonerated Individuals, Including Eleven People Wrongfully Death Sentenced

The Arizona legislature is considering new legislation that will compensate exonerated individuals. HB 2813 was introduced in February by Republican Representative Khyl Powell and easily passed in the Arizona House of Representatives in a 59 – 1 vote two weeks later. The bill is now awaiting consideration by the Senate Judiciary and Elections Committee, and according to reporting by the Daily Independent it is being “considered for inclusion as part of a final budget package.” The bill would…

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News

Apr 17, 2025

Guantanamo Judge Rules Government Cannot Use Confession Obtained Through Torture in 9/11 Capital Case

On April 11, 2025, Judge Colonel Matthew McCall ruled that confessions elicited from Ammar al-Baluchi, accused of conspiring in the September 11th terrorism attacks, were the result of torture carried out by the CIA and as a result cannot be used against Mr. al-Baluchi in any legal proceeding. According to Col. McCall, Mr. al-Baluchi involuntarily incriminated himself in 2007 after extensive “psychological conditioning” through torture and abuse during his detention at the CIA’s overseas…

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News

Jan 06, 2025

Military Appeals Court Rules 9/11 Defendants Can Plead to Avoid Death Sentences

On December 30, 2024, a military appeals court upheld a lower court ruling rejecting Defense Secretary Lloyd Austin’s attempt to throw out plea deals reached for three men charged in the September 11 terrorism attacks. The court affirmed Judge Colonel Matthew N. McCall’s ruling in November 2024 that the plea agreements reached in July 2024 are valid. Col. McCall stated at the time that he would proceed with the plea hearings. The three-panel court wrote that they “agree with the military judge…

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News

Nov 26, 2024

Article of Interest: 9/11 Victim’s Daughter Writes Why She Supports Plea Deals for Perpetrators

In a Washington Post op-ed, Chanel Shum, a member of September 11th Families for Peaceful Tomorrows, explains her support of plea agreements that would end decades of legal uncertainty and sentence three of the accused 9/11 defendants to life without parole. Ms. Shum was starting preschool when her father, See Wong Shum, was killed in the September 11 terrorist attacks. Describing her first time attending hearings at Guantánamo Bay, she writes, “Like many, I assumed that justice had been…

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