Federal prosecutors could require a second sentencing jury after a deadlock, but another deadlock would require a sentence other than death.
In federal death-penalty cases, prosecutors could require another sentencing hearing with a different jury when jurors cannot agree. If the second jury also cannot agree, the judge would have to choose a sentence other than death.
At prosecutors’ request, the court would have to hold another sentencing hearing with a different jury. The rule would cover federal death-penalty sentencing juries that cannot unanimously recommend death, life in prison without release, or a lesser sentence. If the second jury also fails to agree unanimously, the judge would have to impose a lawful sentence other than death.
No hearings or votes scheduled.