S. 718: Eric’s Law

This bill would allow federal prosecutors to request a new sentencing hearing with a brand-new jury if the original jury in a federal death penalty case cannot reach a unanimous decision on whether to sentence the defendant to death.

Summary

Known as "Eric’s Law," S. 718 is a bill introduced in the United States Senate to amend federal criminal law regarding death penalty sentencing procedures. Currently, under federal law, if a jury in a capital case is not unanimous in recommending the death penalty, the court imposes a non-death sentence (such as life imprisonment without the possibility of release). This bill would alter that process by allowing the government to request a second sentencing hearing with a newly impaneled jury. If the second jury also fails to reach a unanimous recommendation, the court would then be required to impose a sentence other than death.

Key Provisions

• New Ground for Impaneling a Jury: Amends Title 18, Section 3593(b)(2) of the United States Code to add a failure to reach a unanimous sentencing recommendation as an official ground for impaneling a new jury.
• Prosecutorial Motion for a Retrial: Establishes that if a federal sentencing jury cannot unanimously agree on whether a defendant should receive the death penalty, life imprisonment, or a lesser sentence, the court must order a new special sentencing hearing and impanel a new jury if requested by the government's attorney.
• Two-Strike Limit: Clarifies that if the second impaneled jury also fails to reach a unanimous sentencing recommendation, the court is barred from imposing the death penalty and must sentence the defendant to a non-death sentence authorized by law.

Impact Analysis

• Shift in Federal Capital Sentencing: This bill would eliminate the current automatic default to a life sentence when a federal capital sentencing jury is deadlocked. Instead of a single holdout juror effectively preventing a death sentence, the government would have a second opportunity to argue for the death penalty before a completely new set of jurors.
• Judicial and Financial Resources: Implementing this law would likely increase the time, complexity, and expense of federal death penalty trials. Capital sentencing hearings are resource-intensive, requiring the selection of a new jury and the re-presentation of aggravating and mitigating evidence.
• Impact on Legal Proceedings and Affected Parties: For the families of victims and the defendants, this change could prolong the emotional and legal toll of a capital trial by extending the sentencing phase.
• Legislative Context: The bill is named after Eric Williams, a federal correctional officer who was killed in 2013 by an inmate. In that case, the killer was already serving a life sentence, and a deadlocked federal jury resulted in a second life sentence rather than the death penalty. Proponents of the bill argue it closes a loophole that prevents justice in egregious cases, while opponents of such measures generally raise concerns about the constitutional implications of double jeopardy principles and the high costs of capital litigation.