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1 1 (December 01, 2020)

handle is hein.crs/govdcsy0001 and id is 1 raw text is: Congressional Research Servik The Federal Death Penalty Updated December 1, 2020 In July 2020, under U.S. Attorney General Barr's direction and a revised Federal Execution Protocol Addendum (replacing the previous three-drug protocolused in executions with a single-drug procedure), the federal government resumed executions, ending a 17-year moratorium on the federal death penalty. Since the beginning of July, eight inmates have been executed and severalmore federal death row inmates are scheduled to be executed in December and January. This Insight focuses on federal death penalty policy in the context of death penalty practice in the country overall. Most death row inmates in the U.S. reside on state death rows in state prisons across 29 states, while federal death row inmates reside in various federal prisons and are sent to U.S. Penitentiary Terre Haute in Indiana to be executed. Capital Punishment Policy The federal government practiced capital punishment from the country's beginning until 1972, when the U.S. Supreme Court (in Furman i. Georigia) found particular applications of capital punishment to be unconstitutional under the Eighth and Fourteenth Amendments of the Constitution. In 1976, the Supreme Court considered revised state statutes (in Gregg v. Georgia and several other decisions), and held that the death penalty was constitutional under certain, limited circumstances. From 1976 through November 30, 2020, the federal government executed 11 individuals, including 8 in 2020. As of that date, there are 54 inmates on federal death row. While the U.S. military justice system has capital punishment as a sentencing option, it has not executed anyone since 1961. As of April 2020, four individuals reside on the military's death row. Since the Gregg decision in 1976, most executions in the United States have been carried out by the states; from 1976 through November 30, 2020, states have executed 1,516 individuals. More than 2,500 individuals currently reside on death row across 29 states, including one inmate in New Hampshire even though it abolished the death penalty in 2019. Twenty-two states and the District of Columbia do not have the death penalty. Native American Tribes Under the Federal Death Penalty Act of 1994 (FDPA), Native American tribes may opt in to the federal death penalty for capital crimes that occur in Indian Country and are subject to the criminal jurisdiction of Congressional Research Service https://crsreports.congress.gov IN11474 CRS NSIGHT Prepared for Membersand Commi ----es o Cong rss----------------------------------

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