Sponsors (2)
Official title: Amend title 18, United States Code, to require the impaneling of a new jury if a jury fails to recommend by unanimous vote a sentence for conviction of a crime punishable by death.
Introduced February 25, 2025 by Rafael Edward Cruz · Last progress February 25, 2025
The bill ensures that two consecutive deadlocked juries in federal capital cases prevent a death sentence and establishes a clearer retrial process, trading off increased compulsory retrials, costs, and potential limits on judicial flexibility for a definitive end to repeated hung sentencing deliberations.
Defendants in federal capital cases: if two consecutive juries fail to unanimously recommend death, the court must impose a non-death sentence, reducing the chance of execution after repeated deadlocks.
Federal courts and prosecutors: the bill creates a clearer, explicit procedure for retrial of the special sentencing hearing when juries are deadlocked, reducing legal ambiguity for courts and attorneys.
Victims' families and defendants: by setting a definitive outcome if a second jury is deadlocked, the bill may shorten prolonged uncertainty and avoid indefinite cycles of retrial.
Defendants and taxpayers: prosecutors obtain a compulsory right to a retrial of the special sentencing hearing, which can increase litigation time and costs for both defendants and the government.
Courts and defendants: limiting final relief to a non-death sentence after only one retrial could constrain judicial discretion and appellate strategy in complex capital cases.
Victims' families and witnesses: mandating a second jury empanelment and potential retrial of sentencing can reopen proceedings and prolong the emotional burden on families and witnesses.
Based on analysis of 2 sections of legislative text.
Requires a new sentencing hearing and jury after a capital-sentencing jury deadlocks; if the retried jury also deadlocks, the court must impose a non-death sentence.
Requires a new special sentencing hearing and impaneling of a new jury when a federal capital-sentencing jury fails to reach a unanimous sentencing recommendation, and directs the court to impose a non-death sentence if the retried jury also fails to reach a unanimous recommendation. Adds this requirement as an explicit ground for impaneling a new jury under federal capital sentencing law. The change modifies 18 U.S.C. § 3593 to create a new procedural pathway: the government may (and the court shall) order a new special hearing with a newly impaneled jury after a deadlocked capital-sentencing jury; if that second jury likewise deadlocks, the statute requires the court to impose any authorized sentence other than death.