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Trump Vows Death Penalty for D.C. Killers, Faces Statutory and Constitutional Hurdles

Legal analysts say ordinary local homicides in the District fall outside federal capital statutes.

Overview

  • At an Aug. 26 Cabinet meeting, President Trump said prosecutors would seek the death penalty for anyone who commits murder in Washington, D.C.
  • Capital punishment is not authorized in D.C., which abolished the death penalty in 1981 after voters later rejected restoration in a 1992 referendum, and most homicides are tried in D.C. Superior Court.
  • Experts note the Federal Death Penalty Act lists specific federal capital offenses, so only narrow scenarios tied to federal jurisdiction could qualify for a federal death sentence.
  • University of Baltimore law professor Kim Wehle called the pledge an empty threat, arguing the president cannot unilaterally impose capital punishment for local homicides.
  • Commentary highlights Supreme Court rulings against mandatory death sentences and cites research disputing deterrence claims and documenting racial disparities in capital punishment.