US · guidance
Justice Manual § 9-10.010
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.
History
[Updated June 2026]
Provenance
- Source
- justice.gov
- Retrieved
- 2026-09-20
- Edition
- jm-2026-09-20
- Content hash
255e07e9cdde4ee6b8614a751460391fec99583622abd0cece45139857ca09cb
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.