The death penalty is also banned in the District of Columbia and in 22 other states, aside from New Jersey. In New York, the death penalty was outlawed in 2004 by a state court ruling. This means that New York prosecutors cannot pursue the death penalty in the case of Luigi Mangione.

Liebman said he expects the Trump administration to seek the death penalty in a broader range of cases, especially after former President Joe Biden commuted the death sentences to life imprisonment for all but three people on federal death row in the final weeks of his presidency