Federal Death Penalty Revived to Swiftly Punish Worst Offenders
Published Date: 1/30/2025
Presidential Document
Summary
The President is bringing back the death penalty to punish the worst criminals and keep Americans safe. This order stops delays and excuses that have blocked executions, making sure the law is followed. It affects federal death row inmates and aims to restore justice quickly, with no extra costs mentioned.
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Analyzed Economic Effects
6 provisions identified: 1 benefits, 5 costs, 0 mixed.
Federal Death Penalty Restored
On January 20, 2025, the President ordered that the Department of Justice shall pursue the death penalty for all federal crimes of a severity that demand its use. The order directs the Attorney General to ensure capital punishment laws are respected and faithfully implemented across federal cases.
Priority: Cops' Murders and Crimes by Aliens
The Attorney General is ordered to pursue the death penalty regardless of other factors for every federal capital crime that involves (i) the murder of a law-enforcement officer or (ii) a capital crime committed by an alien illegally present in the United States. The Attorney General will also encourage State and local prosecutors to bring State capital charges for these crimes.
Review of 37 Commuted Inmates
The Attorney General must evaluate the places of imprisonment and conditions of confinement for the 37 offenders whose federal death sentences were commuted on December 23, 2024, and take lawful action to ensure they are imprisoned in conditions consistent with their crimes. The Attorney General must also evaluate whether those offenders can be charged with State capital crimes and recommend actions to state and local authorities.
Seek Overruling of Limiting Supreme Court Precedents
The Attorney General is directed to take all appropriate action to seek the overruling of Supreme Court precedents that limit State and Federal authority to impose capital punishment. This directs DOJ litigation strategy toward expanding governments' ability to impose the death penalty.
Ensure Lethal Injection Drug Supplies
The Attorney General is ordered to take all necessary and lawful action to ensure that each State that allows capital punishment has a sufficient supply of drugs needed to carry out lethal injection. The order also directs the Attorney General to act on pending State certification requests under 28 U.S.C. 2265.
Prioritize Violent and Transnational Crime Prosecution
The order directs the Attorney General to prioritize public safety and prosecution of violent crime, and to take appropriate action to dismantle transnational criminal activity in the United States. It also encourages State and local prosecutors and federal law enforcement to coordinate to pursue these objectives.
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