State& Federal Info
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
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 59 –1 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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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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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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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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Nov 13, 2024
Despite Military Judge’s Approval of9/11 Plea Deal, Defense Secretary and Prosecutors Continue to Push Back
In This Section
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.

