This comment argues that, starting with the framework of the federal system, there is a way to reconcile modern concerns about the death penalty with society's need for leverage over those criminals who truly are the worst of the worst-those who present grave threats to society even after incarceration. This reconciliation can be achieved by amending the Federal Death Penalty Act to require prosecutors to establish one additional element before they can secure a capital conviction: future dangerousness of the defendant in prison..
Ann E. Reid, Making Sure We Are Getting it Right: Repairing "The Machinery of Death" by Narrowing Capital Eligibility, 49 U. Rich. L. Rev 967 (2015).