The Verdict in the Story - S3-E13
Corrected entry: While Bones is trying to convince Angela to testify, Angela refuses on the grounds that she does not want to be responsible for Bones' father being executed. Bones then states that whether her father gets executed will be up to a jury. However, Bones' father is being tried in the District of Columbia, and D.C. abolished the death penalty in 1957, so there could be no chance of him being executed at all. It can't simply be a character mistake, because they were present at the beginning of the trial, and if the death penalty were possible those present in court would have heard the judge instructing the jury about it. (00:21:35)
Correction: The case is being heard in the District Court of D.C., as this is a Federal Case due to Bones' father being accused of killing an FBI deputy director. Killing a federal law enforcement officer can carry the death penalty. Also, the judge would not instruct the jury on the death penalty during the merits phase of the trial. If convicted, then the judge would instruct the jury on the death penalty when charging the jury and delivering instructions prior to their deliberations as to sentence after the penalty phase was completed.