Federal Juries Reluctant To Impose Death Penalty

In the 20 years since the federal death penalty statute was revived, no federal juries have been more reluctant to sentence federal defendants to death than those in New York. According to records compiled by the Federal Death Penalty Resource Counsel Project, which coordinates the defense of capital punishment cases, federal prosecutors in New York State have asked juries to impose death sentences 19 times since 1988. In only one case did a jury rule for execution.

Lawyers and other experts in the field say that a variety of reasons underpin New York’s status as a tough sell in death penalty cases. They say that there is a fundamental liberal slant to juries in the state, and that New York has some of the best death penalty defense lawyers in the country.

They also say many victims in New York capital cases are unsavory characters: drug dealers, mobsters or members of street gangs — not the sort of people whose killers are likely to be punished with death.