Life-and-death authority
It represents the most severe penalty the federal government can impose, raising constitutional, moral, and practical questions about justice and government power.
In plain English
When Washington can sentence someone to death.
It's when the U.S. government — not a state — can sentence someone to death for breaking certain federal laws, like terrorism or large-scale murder.
Simple example
Between July 2020 and January 2021, the federal government executed 13 people, including Dustin Higgs and Lisa Montgomery, the largest cluster of federal executions in over a century.
Why it matters
What the term actually changes.
Risk of wrongful execution
A 2014 study published in PNAS estimated about 4% of U.S. death row inmates are likely innocent, a concern central to debates over abolition.
How it works
The mechanics, in practice.
Federal prosecution
Federal prosecutors, with approval from the U.S. Attorney General, can seek the death penalty for qualifying federal crimes such as terrorism, espionage, or murder involving federal jurisdiction.
Trial and sentencing
A federal jury must unanimously recommend death after a separate sentencing phase, and the conviction and sentence are subject to multiple layers of appellate review.
Related guide
Should the federal death penalty be abolished?
A look at how the federal death penalty works, its recent history, and the arguments on each side.
Read the guide → Related issue brief
Should the federal death penalty be abolished?
Lawmakers, courts and the public remain divided over whether the U.S. government should retain capital punishment for federal crimes.
Read the brief →You’ve learned the term. Now vote.
Should the federal death penalty be abolished?
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