Could Luigi Mangione, the CEO of UnitedHealthcare, be sentenced to the death penalty for his alleged murder?

It is unlikely that the former Ivy League computer scientist-turned-suspected corporate assassin will face federal charges, which means there is no risk of the death penalty since New York does not have it, experts say.

Except for certain conditions, murder is generally not a federal crime. Committing a murder-for-hire across state lines is a federal crime, but doing so yourself is not.

In New York state, Luigi Mangione, 26, is charged with second-degree murder for the ambush shooting death of UnitedHealthcare CEO Brian Thompson on Dec. 4. Unlike most states, New York's murder laws are structured differently, with first-degree charges typically reserved for exceptional circumstances, such as the killing of a law enforcement officer or a mass shooting.

"According to Neama Rahmani, a former federal prosecutor, it is possible but unlikely that Mangione will be charged federally. The case has garnered significant attention, and the Trump administration's Department of Justice may take action. However, a federal prosecution requires a federal jurisdictional hook, such as the commission of another federal crime or a substantial nexus to interstate commerce."

The Blair County District Attorney's office intends to proceed with its case against Mangione, but will prioritize the more severe charges in New York.

Manhattan District Attorney Alvin Bragg's office is likely to handle the prosecution, according to Rahmani.

According to Nicole Parker, a former FBI agent, the feds usually intervene when they believe a stricter punishment is necessary or when they can offer more resources than a local department. However, the NYPD is already well-equipped and has a strong case, she stated.

"The NYPD is capable and will handle the situation firmly, but the uncertainty lies with the prosecutor, Alvin Bragg, and whether he will show leniency towards the individual in question."

Following the trial loss of Marine veteran Daniel Penny in the manslaughter case, which sparked criticism of Bragg's priorities and politics, she anticipates his office to construct a robust case against Mangione. Allegedly, investigators have linked his fingerprints and weapon to the crime scene.

"In my view, it should remain with the NYPD and be charged locally. The case has been thoroughly worked on, and I believe the outcome will be very strong," she stated.

New York's death penalty ended two decades ago.

"Capital punishment is not an option in New York, as the state outlawed the death penalty 20 years ago. However, if Mangione is charged federally, the only aggravating factor that could support the death penalty is that the murder involved substantial planning and premeditation."

The death penalty is typically reserved for the most heinous criminal cases. Even if New York had a death penalty, other aggravators such as additional victims, the defendant's criminal history, or that the murder took place during the commission of another felony do not exist in this case, he said.

""This case would not typically result in the death penalty, as it was not an act of terrorism or a similarly heinous offense," he stated."

The federal government rarely seeks the death penalty, but it does in cases of extreme violence, such as the Boston Marathon bombing, which killed three and wounded hundreds. Prosecutors can use it as leverage to obtain a confession.

Sending bombs through the mail, like the Unabomber Ted Kaczynski, is a federal crime. He took his own life in prison last year while serving a life sentence without the possibility of parole.

Since 2001, the federal government has carried out 16 executions, starting with the deaths of Oklahoma City bomber Timothy McVeigh and eight days later, American drug trafficker Juan Raul Garza, who murdered two men and executed a third himself.

Notably, 13 executions occurred during President Trump's first term in office. He is returning to the White House next month and has indicated that he plans to increase the use of the death penalty.

The Death Penalty Information Center reports that there are currently 40 federal inmates on death row, including surviving Boston Marathon bomber Dzhokhar Tsarnaev and Dylann Roof, who killed nine people in a South Carolina church.

The transfer of power from the Biden-Harris administration to Trump's second administration could impede a potential federal case, according to Rahmani.

""The Manhattan DA’s Office will be well into the case by the time Trump’s new U.S. attorney in the Southern District of New York is confirmed and sworn in, as per the DOJ’s ‘Petite Policy,’ which states that federal prosecutors don’t step into a pending state case unless there is a substantial federal interest that isn’t vindicated in the state prosecution," he said."