Do-overs for for federal death sentences
The PATRIOT Act, the gift that keeps on giving...
Bill Would Allow Second Attempts at Federal Death Sentence
If all 12 members of a jury in a capital case in federal court cannot agree on whether to impose the death penalty, a convicted defendant is automatically sentenced to life in prison.
But that may be about to change. A little-noticed provision in the House bill that reauthorized the antiterrorism law known as the USA Patriot Act would allow federal prosecutors further attempts at a death sentence if a capital jury deadlocks on the punishment. So long as at least one juror voted for death, prosecutors could empanel a new sentencing jury and argue again that execution was warranted. [NYT permalink]
The Washington Post supplies more details about the proposed changes to the PATRIOT Act:
But critics are most concerned about procedural changes related to juries, including a provision that would allow a trial with fewer than 12 jurors if the court finds "good cause," with or without the agreement of the defense.
Five states already allow do-overs in capital cases if jurors can't reach an unanimous verdict on execution.
At what point will simple fairness and decency step forward and say enough is enough?
Posted by: The Heretik | October 26, 2005 at 12:10 PM
What's next? You're presumed guilty until proven innocent?
Posted by: Flint | October 26, 2005 at 03:08 PM
As with the Nazis' kangaroo courts (yes, yes, I know: "WHAT! You're comparing them with Nazis!?!"), one wonders why they even bother keeping up the pretense.
Talk about a slippery slope (slippery slope being another analogy that for some reason is always dismissed out of hand).
Posted by: 1984 Was Not a Shopping List | October 26, 2005 at 03:18 PM
Without slippery slopes, Vail real estate would be much more affordable.
Posted by: Njorl | October 26, 2005 at 04:32 PM
Now that is a mulligan that only John Ashcroft could love
Shoelover
Posted by: shoelover | October 26, 2005 at 07:53 PM
Flint: presumption of guilt is already rife throught the "Patriot" Act
But .. what am I missing? Isn't this the government of Life? Aren't they all Christians? Lessee , yup, Rule No 7: Thou Shalt Not Kill. Now, not being a Christian, I have no theoretical issue with Capital sentencing (lots of practical issues, but) - however, these guys all claim to be Christians .. hell, this is even from their fave bit, the OT.
Posted by: firefalluk | October 27, 2005 at 09:31 AM
I believe it was in the sermon on the mount when Christ said, "Blessed are the executioners, for they shall make us all manly by proxy."
Posted by: Njorl | October 27, 2005 at 12:47 PM
>claim
is the operative word. If every other public utterance they make is a cynical, manipulative ploy -- "Brownie, you're doing a heck of a job," anybody? -- while people die, then why would they stick at mimicking religion?
Posted by: 1984 Was Not a Shopping List | October 27, 2005 at 04:40 PM