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Death Penalty Information Center
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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 September11,2001 attacks. No one has been sen­tenced to death under these commissions.


News & Developments


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.HB2813 was intro­duced in February by Republican Representative Khyl Powell and eas­i­ly passed in the Arizona House of Representatives in a 591 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…

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News

Apr 17, 2025

Guantanamo Judge Rules Government Cannot Use Confession Obtained Through Torture in9/​11 Capital Case

On April11,2025, Judge Colonel Matthew McCall ruled that con­fes­sions elicit­ed from Ammar al-Baluchi, accused of con­spir­ing in the September11th ter­ror­ism attacks, were the result of tor­ture car­ried out by theCIA 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 in2007 after exten­sive​“psy­cho­log­i­cal con­di­tion­ing” through tor­ture and abuse during his…

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News

Jan 06, 2025

Military Appeals Court Rules9/​11 Defendants Can Plead to Avoid Death Sentences

On December30,2024, 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 September11 ter­ror­ism attacks. The court affirmed Judge Colonel Matthew N. McCall’s rul­ing in November2024 that the plea agree­ments reached in July2024 are valid. Col. McCall stat­ed at the time that he would pro­ceed with the…

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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 September11th Families for Peaceful Tomorrows, explains her sup­port of plea agree­ments that would end decades of legal uncer­tain­ty and sen­tence three of the accused9/​11 defen­dants to life with­out parole. Ms. Shum was start­ing preschool when her father, See Wong Shum, was killed in the September11 terrorist…

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News

Nov 13, 2024

Despite Military Judge’s Approval of9/​11 Plea Deal, Defense Secretary and Prosecutors Continue to Push Back

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How Military and Civilian Trials Differ


SOURCE: Dallas Morning News

A ser­vice mem­ber is enti­tled to an Article32 hear­ing before he or she can be charged with a seri­ous crime and face a court-mar­tial. Similar to a grand jury pro­ceed­ing, such a hear­ing is held in open court with attor­neys for both sides present.

A mil­i­tary jury in a cap­i­tal case must be unan­i­mous in both its ver­dict and the sen­tence. But if no death penal­ty is sought, a con­vic­tion can be secured with the assent of only two-thirds of the jury.

The com­mand­ing gen­er­al who con­venes the court-mar­tial must approve the sen­tence and the con­vic­tion and can com­mute sen­tences he or she thinks are too harsh.

Before a con­demned ser­vice mem­ber can be put to death, the pres­i­dent must sign an affir­ma­tive order explic­it­ly approv­ing the execution.

2006 Military Regulations regarding Executions


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