Federal Death Penalty Abolition Act Explained

Shorttitle:Federal Death Penalty Abolition Act of 2023
Longtitle:To abolish the death penalty under Federal law.
Leghisturl:https://www.congress.gov/bill/117th-congress/house-bill/97/all-actions
Introducedin:House of Representatives
Introducedby:Adriano Espaillat (DNY)
Introduceddate:February 21, 2023
Committees:Armed Services, Judiciary

The Federal Death Penalty Abolition Act is a proposed United States law that would abolish the death penalty for all federal crimes and all military crimes. If enacted, this act would mark the first time since 1988 where no federal crimes carry a sentence of death.

This bill would repeal capital punishment on the federal level but would not affect the possibility for states to provide for it in state law.

History

See main article: Capital punishment by the United States federal government. Since the enactment of the Anti-Drug Abuse Act of 1988, the death penalty has been a legal punishment for United States federal crimes in the post Furman era. Since then, the federal government has executed sixteen individuals, with thirteen of those executions occurring between July 2020 and January 2021.[1]

Motivation for the introduction and support for the passage and enactment of this bill have been influenced by the criminal justice reform movement, the George Floyd protests, and the thirteen people executed during the Trump administration between July 2020 and January 2021, among other things. President Joe Biden’s campaign website has stated that Biden supports abolishing the death penalty on the federal level and to incentivize states to also abolish the death penalty for crimes within their jurisdiction.[2] Biden is the first president to openly oppose the death penalty, despite previous support as a U.S. Senator (1973-2009) from Delaware.[3]

Bills to abolish the federal death penalty have been introduced in each Congress since 1999, but no legislation has passed.

Provisions

The bill proposes the removal of all references to capital punishment as it pertains to federal crimes and sentencing law, abolishing the ability for the United States to impose a sentence of death in the process.[4]

Legislative history

As of January 5, 2024:

CongressShort titleBill number(s)Date introducedSponsor(s)
  1. of cosponsors
Latest status
106th CongressFederal Death Penalty Abolition Act of 1999November 10, 1999Russell Feingold(D-WI)1Died in Committee.
107th congressFederal Death Penalty Abolition Act of 2001January 25, 2001Russell Feingold(D-WI)1Died in Committee.
108th CongressFederal Death Penalty Abolition Act of 2003June 24, 2003Dennis Kucinich(D-OH)46Died in Committee.
Federal Death Penalty Abolition Act of 2003February 13, 2003Russell Feingold(D-WI)0Died in Committee.
109th CongressFederal Death Penalty Abolition ActMarch 9, 2006Dennis Kucinich(D-OH)45Died in Committee.
Federal Death Penalty Abolition Act of 2005January 24, 2005Russell Feingold(D-WI)0Died in Committee.
110th CongressFederal Death Penalty Abolition Act of 2008September 11, 2008Dennis Kucinich(D-OH)19Died in Committee.
Federal Death Penalty Abolition Act of 2007January 31, 2007Russell Feingold(D-WI)0Died in Committee.
111th CongressFederal Death Penalty Abolition Act of 2009March 19, 2009Russell Feingold(D-WI)0Died in Committee.
112th CongressFederal Death Penalty Abolition Act of 2011September 23, 2011Dennis Kucinich(D-OH)15Died in Committee.
113th CongressFederal Death Penalty Abolition Act of 2013December 12, 2013Donna Edwards(D-MD)13Died in Committee.
116th CongressFederal Death Penalty Abolition Act of 2019July 25, 2019Adriano Espaillat(D-NY)67Died in Committee.
117th CongressFederal Death Penalty Abolition Act of 2021January 4, 2021Adriano Espaillat(D-NY)85Died in Committee.
Federal Death Penalty Prohibition ActJanuary 11, 2021Ayanna Pressley(D-MA)79Died in Committee.
Federal Death Penalty Prohibition ActMarch 3, 2021Richard Durbin(D-IL)20Died in Committee.
118th CongressFederal Death Penalty Abolition Act of 2023H.R. 1124February 21, 2023Adriano Espaillat(D-NY)27Referred to Committees of Jurisdiction

See also

References

  1. Web site: Executions Under the Federal Death Penalty. https://web.archive.org/web/20210205173643/https://deathpenaltyinfo.org/state-and-federal-info/federal-death-penalty/executions-under-the-federal-death-penalty. February 5, 2021. March 22, 2021. Death Penalty Information Center.
  2. Web site: THE BIDEN PLAN FOR STRENGTHENING AMERICA'S COMMITMENT TO JUSTICE. https://web.archive.org/web/20210328033513/https://joebiden.com/justice/. March 28, 2021. March 29, 2021. Democratic National Committee.
  3. Web site: February 17, 2021. Civil rights groups are pushing Biden to fulfill promise of ending the death penalty. https://web.archive.org/web/20210325223625/https://www.cnbc.com/2021/02/17/civil-rights-groups-are-pushing-biden-to-fulfill-promise-of-ending-death-penalty.html. March 25, 2021. March 29, 2021. CNBC.
  4. Web site: H.R.97 - Federal Death Penalty Abolition Act of 2021. March 2021 . March 22, 2021. https://web.archive.org/web/20210330002024/https://www.congress.gov/bill/117th-congress/house-bill/97. March 30, 2021.

  1. Web site: Executions Under the Federal Death Penalty. https://web.archive.org/web/20210205173643/https://deathpenaltyinfo.org/state-and-federal-info/federal-death-penalty/executions-under-the-federal-death-penalty. February 5, 2021. March 22, 2021. Death Penalty Information Center.
  2. Web site: THE BIDEN PLAN FOR STRENGTHENING AMERICA'S COMMITMENT TO JUSTICE. https://web.archive.org/web/20210328033513/https://joebiden.com/justice/. March 28, 2021. March 29, 2021. Democratic National Committee.
  3. Web site: February 17, 2021. Civil rights groups are pushing Biden to fulfill promise of ending the death penalty. https://web.archive.org/web/20210325223625/https://www.cnbc.com/2021/02/17/civil-rights-groups-are-pushing-biden-to-fulfill-promise-of-ending-death-penalty.html. March 25, 2021. March 29, 2021. CNBC.
  4. Web site: H.R.97 - Federal Death Penalty Abolition Act of 2021. March 2021 . March 22, 2021. https://web.archive.org/web/20210330002024/https://www.congress.gov/bill/117th-congress/house-bill/97. March 30, 2021.