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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
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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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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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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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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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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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