Criminal Law Society Blog
Capital Punishment and Domestic Terrorism: Reconsidering Domestic Terrorism as an Aggravating Factor
Abstract
Federal law permits the death penalty when an individual commits an offense after substantial planning to cause death or commit terrorism. Yet the ambiguity surrounding the term “terrorism,” particularly in domestic contexts, complicates the application of the federal statute. This Article argues that invoking the terrorism aggravating factor in domestic cases undermines the justifications for capital punishment and risks inconsistent enforcement. Drawing on recent examples, including the prosecution of Luigi Mangione and the deaths of Renee Good and Alex Pretti by ICE officials, this Article illustrates how the “domestic terrorist” label can cause harsh prosecutorial discretion, intensify political polarization, and raise constitutional concerns.
Recommended Citation
Starner, Josh B.
(2026)
"Capital Punishment and Domestic Terrorism: Reconsidering Domestic Terrorism as an Aggravating Factor,"
Criminal Law Society Blog: Vol. 1, Article 2.
Available at:
https://insight.dickinsonlaw.psu.edu/clsblog/vol1/iss1/2