Federal capital punishment can be imposed for crimes like murder, genocide, treason, and espionage. Additionally, crimes that may qualify if they cause death include terrorism, hostage-taking, aircraft hijacking, and murder by a federal prisoner serving a life sentence. 

Federal crimes that qualify for capital punishment include murder, certain crimes resulting in death, espionage, and treason.

The death penalty, often referred to as capital punishment, is the most severe form of punishment in the United States legal system. In essence, "capital punishment" is a lawful penalty under the U.S. federal criminal justice system.

It is typically reserved for the most serious crimes, though federal judges generally have significant discretion to impose a lesser sentence if there are mitigating factors.

According to the Death Penalty Information Center, there are currently only a few federal prisoners on death row. The U.S. government lists several capital offenses punishable by death, including espionage, treason, and aircraft hijacking resulting in death.

Most crimes qualifying for the death penalty involve murder, including murders in drug-related drive-by shootings, murders committed during kidnapping, hire murders, and retaliatory killings of family members of law enforcement officials.

Key Takeaways

• The death penalty is permitted by federal law and is backed by the U.S. Constitution.
• The federal government conducts executions rarely, with most carried out by state governments.
• The Federal Bureau of Prisons (BOP) plays a crucial role in managing the housing and execution of federal death row inmates, ensuring a structured and orderly process. 
• The U.S. Constitution outlines the conditions under which the death penalty can be applied.
• The Federal Death Penalty Act and other related laws specify the procedures for sentencing with the death penalty.
• Certain defendants cannot be sentenced to death, regardless of the crime, including children and anyone incompetent to stand trial. 
• Murder charges have no statute of limitations, and due process and speedy trial rights rarely hinder prosecution due to time restrictions.
• When pursuing the death penalty in a federal case, the decision must be reviewed by the Justice Department's Capital Review Committee and obtain approval from the Attorney General.
• The Supreme Court has confirmed that the death penalty does not automatically violate the Eighth Amendment, which bans cruel and unusual punishments.
• The death penalty application must adhere to standards of justice and proportionality, meaning the seriousness of the offense must justify such a harsh penalty.

What Does the Expanded List of Capital Crimes Include?

The Federal Death Penalty Act of 1994 expanded the list of federal crimes eligible for the death penalty to include 60 offenses. Many of these offenses fall into similar categories. For brevity, an overview of these crimes is provided below.

Over twenty federal capital crimes involve some form of murder, which is characterized as the intentional, premeditated, and malicious act of taking another person's life. Federal capital murder offenses include, among others:

• 18 U.S.C. 1111 - First-degree murder;
• 18 U.S.C. 1114 - Murder of a Federal judge or law enforcement official;
• 18 U.S.C. 1116 - Murder of a foreign official;
• 18 U.S.C. 1118 - Murder by a federal prisoner;
• 18 U.S.C. 1120 - Murder by an escaped Federal prisoner already sentenced to life imprisonment;
• 18 U.S.C. 1121 - Murder of a state or local law enforcement official aiding in a federal investigation; murder of a state correctional officer;
• 18 U.S.C. 1503 - Murder of a court officer or juror;
• 18 U.S.C. 1512 - Murder with the intent of preventing testimony by a witness, victim, or informant;
• 18 U.S.C. 1513 - Retaliatory murder of a witness, victim, or informant;
• 18 U.S.C. 1958 - Murder-for-hire involving the use of interstate commerce facilities;
• 18 U.S.C. 1959 - Murder in furtherance of racketeering activity;
• 18 U.S.C. 2113 - Murder during a bank robbery or bank-robbery-related kidnapping resulting in death;
• 18 U.S.C. 2245 - Murder committed during child sex trafficking, child pornography, interstate transportation of a minor or other person for criminal sexual activity;
• 18 U.S.C. 2280 - Murder or other offense against maritime navigation resulting in death;
• 18 U.S.C. 2281 - Murder or other offense committed against a maritime fixed platform resulting in death;
• 18 U.S.C. 2332 - Terrorist murder of a U.S. national in another country;
• 21 U.S.C. 848(e) - Murder related to a continuing criminal enterprise, drug trafficking offense, or drug-related murder of a Federal, State, or local law enforcement officer.

Federal Crimes Resulting In Death

Some criminal acts, even if not intentionally aimed at causing death, can still lead to someone's death. Many of these crimes are punishable by death under federal law. Examples include, but are not limited to:

• 18 U.S.C. 1201 - Kidnapping resulting in death;
• 18 U.S.C. 1203 - Hostage-taking resulting in death;
• 8 U.S.C. 1342(B)(iv) - Bringing in and harboring aliens resulting in death;
• 18 U.S.C. 32-34 - Destruction of aircraft, motor vehicles, or related facilities resulting in death;8 U.S.C. 241, 242, 245, 247 - Civil rights offenses resulting in death;
• 18 U.S.C. 2332a - Use of a weapon of mass destruction resulting in death;
• 18 U.S.C. 1716 - Mailing of injurious articles resulting in death;
• 18 U.S.C. 1751 - Assassination of the President, Vice President, or member of their staff or kidnapping resulting in their death;
• 18 U.S.C. 1992 - Terrorist attack on railroad carrier or mass transportation vehicle resulting in death;
• 18 U.S.C. 2119 - Carjacking resulting in death;
• 18 U.S.C. 2251 - Conduct during child sexual trafficking, child pornography, or the sexual exploitation of children that results in death;
• 18 U.S.C. 2332a - Use of a weapon of mass destruction resulting in death;
• 18 U.S.C. 2332b - Acts of terrorism in the United States resulting in death committed by a person engaged in conduct that transcends national boundaries;
• 18 U.S.C. 2340, 2340A - Torture resulting in death committed outside the United States by a U.S. national or by a foreign national;
• 49 U.S.C. 46502 - Aircraft piracy resulting in death;
• 18 U.S.C. 3591(b)(2) - Attempting, authorizing, or advising the killing of any officer, juror, or witness in cases involving a Continuing Criminal Enterprise, regardless of whether such killing actually occurs.
• 18 U.S.C. 794 - This law describes espionage as spying on the U.S. government, exposing state secrets, or assisting a foreign entity against the United States. If these actions lead to the exposure and death of a U.S. agent or meet other specified criteria, espionage is punishable by death under federal law.
• 18 U.S.C. 2381 - Treason is a grave crime against the country, involving acts such as waging war against the U.S., collaborating with its enemies, or offering them aid and comfort.
• 18 U.S.C. 1091 -  Genocide involves acts aimed at completely or partially destroying a national, ethnic, racial, or religious group. This includes actions such as killing members of the group or inflicting serious physical harm upon them.
• 18 U.S.C. 3591(b) - If a defendant is a key figure—such as an administrator, organizer, or leader—in a large drug operation and their actions directly cause someone's death, they may be subject to the death penalty.

Efforts to End Federal Capital Punishment

In recent years, there have been multiple legislative efforts to eliminate the death penalty at the federal level. Notably, the Federal Death Penalty Abolition Act of 2021 (HR-97) and the more recent Federal Death Penalty Prohibition Act of 2023, introduced in July 2023. 

Additionally, as of July 2021, the federal government has suspended all federal executions while the Justice Department conducts a review of capital punishment policies. This pause follows a record of federal executions carried out by the Trump administration.

Contact our federal criminal defense lawyers for a case review and legal guidance. We offer legal representation on federal criminal cases across the United States. Eisner Gorin LLP has offices in Los Angeles, California.

Related Content:

• Federal Felony Crime Classification
• Death Penalty Information Center
• The Federal Death Penalty System
• Overview of Federal Capital Offenses