Haven't seen the EE scene, but the book does contain the "penalty of death" comment. It is not an assistant speaking, rather Faramir saying he understands the gravity of the choice whether or not to let Frodo go. If he chooses wrongly for his people, his life will be forfeit.
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For I was talking aloud to myself. A habit of the old: they choose the wisest person present to speak to; the long explanations needed by the young are wearying. -Gandalf, The Two Towers
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