§2381. Treason
>Whoever, owing allegiance to the United States, levies war against
>them or adheres to their enemies, giving them aid and comfort
>within the United States or elsewhere, is guilty of treason and
>shall suffer death, or shall be imprisoned not less than five
>years and fined under this title but not less than $10,000; and
>shall be incapable of holding any office under the United States.
Question for the lawyers here, and for (Q).
How does the justice system choose between death and prison time with a fine?