Federal Prosecutions in Which the Death Penalty May be Sought

This Chapter sets forth the policies and procedures for all Federal cases in which a defendant is charged, or could be charged, with an offense subject to the death penalty. The provisions in this Chapter apply regardless of whether the United States Attorney or Assistant Attorney General of the component prosecuting the defendant intends to charge a death-eligible offense or request authorization to seek the death penalty. Pursuant to 18 U.S.C. § 3598, the provisions of this Chapter do not apply to capital offenses committed by a person subject to the criminal jurisdiction of an Indian tribal government when the capital offense is predicated solely on Indian country jurisdiction, as defined in Title 18 U.S.C. § 1151, unless the governing body of the Tribe has elected that such provisions apply. The provisions in this Chapter are effective June 5, 2026, and they apply to any current or future investigations and indicted cases.

[Updated June 2026]