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Justice Department to Seek Death Penalty in Moussaoui Case

Attorney General John Ashcroft announced decision
March 28

The Department of Justice intends to seek the death penalty in the case of Zacarias Moussaoui, a French citizen of Moroccan descent, accused by the United States of six counts of conspiracy for his role in the September 11 terrorist attacks on the United States. Four of the counts carry a maximum sentence of death, if he is convicted.
Complete Text

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The Evolution of the Death Penalty
in the United States

There is no specific mention of the death penalty in the U.S. Constitution -- not surprisingly perhaps since capital punishment was in widespread use throughout the world at the time, including in the American colonies. However, there is evidence that the framers assumed that some offenses would be "capital" crimes. For example, the Fifth Amendment specifically makes mention of such crimes.

The First Congress of the United States also made reference to capital punishment and authorized it for no less than 12 offenses, including treason, murder, piracy, and forgery. However, just as today, the ultimate penalty was the subject of debate, particularly about its deterrent value and the degree to which it should be imposed.

From the beginning, therefore, the death penalty was controversial, at least for some crimes. The First Congress also recognized that cases involving the death penalty are different and that there should be special, additional procedures for handling federal capital cases. Nevertheless, from 1790 to the present day, the federal criminal code has always contained provisions for the death penalty. The death penalty was also prevalent at the state level where most executions, in fact, occurred.

During the course of the 1800's, however, an increasing number of Americans became concerned about the death penalty and in particular the number of offenses for which it was a mandatory punishment. In 1845, the American Society for the Abolition of Capital Punishment was founded and by the end of the 1890's, a number of states had made the death penalty discretionary rather than mandatory. In 1847, Michigan became the first state to abolish the death penalty for all crimes except treason. By 1917, ten states had abolished it.

In 1892, at the federal level, Newton Curtis, a New York Representative, introduced a bill for the total abolition of the death penalty. Although his bill failed, Congress did enact a bill -- in 1897 -- entitled, "An Act to Reduce the Cases in Which the Death Penalty May Be Inflicted." The Act effectively made all federal capital punishment discretionary rather than mandatory as well.

By the 1900's, federal executions were relatively infrequent, although still prevalent in many states. But by the 1960's, concerns had begun to grow about the fairness of the death penalty, particularly when imposed on African Americans. In a 1966 poll, only 42 percent of the American public supported capital punishment, a peak in public opposition to the death penalty.

In 1972, the U.S. Supreme Court ruled in Furman v. Georgia that the death penalty, as administered, was unconstitutional and violated Eighth Amendment protections against cruel and unusual punishment. The decision effectively voided the death penalty in 38 states as well as in the federal system. But by 1976, enough states had rewritten their death penalty statutes to meet court concerns and it was effectively reinstated.

But the death penalty remains controversial in the United States, as elsewhere. Recent concerns have focused on the finality of the sentence, given some highly publicized mistakes made in cases involving the death penalty. DNA evidence in a number of cases cleared some convicts on death row for crimes they apparently did not commit. In the light of these developments, the Governor of Illinois has declared a moratorium on the death penalty in his state.

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Death Penalty Legislation Currently in Congress

Criminal Justice Integrity and Innocence Protection Act of 2001, S. 800

National Death Penalty Moratorium Act of 2001, S.233

Federal Death Penalty Abolition Act of 2001, S.191

Innocence Protection Act of 2001, S.486

Innocence Protection Act of 2001, H.R. 912

-Hearing: "Protecting the Innocent: Ensuring Competent Counsel in Death Penalty Cases"

Accuracy in Judicial Administration Act of 2001, H.R. 321

National Death Penalty Moratorium Act of 2001, H.R. 1038

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Web sites

Report of the Governor's Commission on Capital Punishment,
April 2002 (PDF file, 52 pages)
Recommendations of the Illinois Governor's Commission on Capital Punishment. These recommendations, if implemented, are designed to enhance the fairness, justice, and accuracy of capital punishment in Illinois.

Europe's Death-Penalty "Elitism"
New Republic article asserts that European public opinion polls show that a majority is in favor of the death penalty but European governments are not responsive to public opinion.

Capital Punishment: An Overview of Federal Death Penalty Statutes   (90K PDF file)
This CRS report lists the current federal capital offenses and summarizes the procedures for federal civilian death penalty cases.

Protecting the Innocent: Ensuring competent counsel in death penalty cases
Prepared statements of legislators and witnesses in the Hearing before the Senate Committee on the Judiciary, June 27, 2001.

Capital Punishment 2000
This web site contains a U.S. Dept. of Justice, Bureau of Justice Statistics Bulletin detailing historical information on death row inmates. Also includes a survey of state and federal laws regarding offenses that might invoke capital punishment prosecution.

Capital Punishment
Produced by the U.S. Embassy in Germany, this web site contains background and U.S. policy on capital punishment, official statements and documents, and recent studies, books and journal articles.

Death Penalty
Produced by the U.S. Embassy in France, this web site contains an overview of the death penalty in the United States and links to capital punishment sources.

Federal Death Penalty Cases
Recommendations from the Judicial Conference of the United States concerning the cost and quality of defense representation in federal capital punishment cases.

Federal Death Penalty Survey
U.S. Department of Justice report detailing the numbers and race of victims and defendants in federal capital punishment cases; also includes information on the prosecutors' and the attorney general's decisions to seek the death penalty.

Cornell University Legal Information Institute
Death Penalty Overview
A legal overview of the death penalty. Capital punishment links to the U.S. constitution, laws, and cases. Also includes links to state laws and cases.

Death Penalty at the State Level
Michigan State University provides profiles on states and their respective treatment of capital punishment; arguments, pro and con; information on judicial proceedings surrounding capital cases and a look at the history of the death penalty.

News
A daily compilation of articles on capital punishment from a variety of U.S. and international media sources. Click on Reload or Refresh for the latest stories.

Washington Post Special Reports: The Death Penalty
A collection of resources on current events and in-depth background, with links to federal legislation, supreme court cases, opposing and supporting organizations, and commentary.

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Key Documents

U.S. Statement to OSCE on Death Penalty, Housel Execution, March 14, 2002

U.S. Statement on the Death Penalty Delivered Sept. 19
at the OSCE Human Dimension Implementation Meeting

U.S. Statement on Capital Punishment to OSCE Permanent Council

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Key Reports

Mandatory Justice: Eighteen Reforms to the Death Penalty
A distinguished panel composed of former judges, state attorneys general, federal prosecutors, law enforcement officials, and governors recommends adequate compensation, standards and training for defense counsel; the removal of certain classes of defendants and homicides from death penalty eligibility; greater flexibility for introducing evidence that casts doubt on a conviction or sentence; gathering of data on the role of race in capital punishment and involvement of all races in the decision-making process; elimination of a judge's ability to impose a death sentence despite a jury recommendation for life imprisonment; and requiring prosecutors to open their files to the defense in death penalty cases. This report was presented the Senate Judiciary Committee hearing, "Protecting the Innocent: Ensuring competent counsel in death penalty cases", on June 27, 2001.

The Federal Death Penalty System: Supplementary Data, Analysis and Revised Protocols for Capital Case Review, June 6, 2001.
Results of a U.S. Department of Justice review of allegations that the federal death penalty prosecution unfairly targets minorities. Report analysis reveals that the protections and remedies inherent in the death penalty process prevent racial and ethnic bias. The Study indicated that U.S. attorneys recommend the death penalty in smaller proportions in the submitted cases involving African American or Hispanic defendants than in those involving white defendants.

Liebman Study
Results of a study authorized by the Senate Judiciary Committee to research judicial errors in capital punishment cases.