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Is Alberto Gonzales Putting Federal Executions on Hold?

Law Professor Doug Berman at Sentencing Law and Policy and Capital Defense Weekly believe there is a de facto policy underway by Bush and Alberto Gonzales to suspend federal executions. Prof. Berman writes:

Does the Bush Administration or some DOJ officials seriously question the constitutionality of its lethal injection protocol? If it doesn't, why agree to these stays? It is quite puzzling that the same administration and Justice Department that so steadfastly defends its procedures for GITMO detainees is not actively defending its procedures for executing convicted murderers.

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    For what crimes does the U.S. have authority to (none / 0) (#1)
    by oculus on Tue Apr 03, 2007 at 07:43:24 PM EST
    ask for the death penalty?  Treason, sedition, AWOL, any others?

    Thanks to Bill Clinton (none / 0) (#2)
    by Ben Masel on Wed Apr 04, 2007 at 11:11:40 AM EST
    and his "60 New Death Penalties," you can, in theory, be executed by the Feds for offences as trivial as growing pot.

    Parent
    Hmmmm. You are a zealous advocate. Link? (none / 0) (#3)
    by oculus on Wed Apr 04, 2007 at 12:14:25 PM EST
    Citation (5.00 / 1) (#4)
    by Ben Masel on Wed Apr 04, 2007 at 03:54:19 PM EST
    H.R.3355
    Violent Crime Control and Law Enforcement Act of 1994 (Enrolled as Agreed to or Passed by Both House and Senate)

    `Sec. 3591. Sentence of death      

    (b) A defendant who has been found guilty of--

                `(1) an offense referred to in section 408(c)(1) of the Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as part of a continuing criminal enterprise offense under the conditions described in subsection (b) of that section which involved not less than twice the quantity of controlled substance described in subsection (b)(2)(A) or twice the gross receipts described in subsection (b)(2)(B); or

                `(2) an offense referred to in section 408(c)(1) of the Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as part of a continuing criminal enterprise offense under that section, where the defendant is a principal administrator, organizer, or leader of such an enterprise, and the defendant, in order to obstruct the investigation or prosecution of the enterprise or an offense involved in the enterprise, attempts to kill or knowingly directs, advises, authorizes, or assists another to attempt to kill any public officer, juror, witness, or members of the family or household of such a person,

          shall be sentenced to death if, after consideration of the factors set forth in section 3592 in the course of a hearing held pursuant to section 3593, it is determined that imposition of a sentence of death is justified, except that no person may be sentenced to death who was less than 18 years of age at the time of the offense.



    Parent
    Interesting. The DEA keeps on truckin', but (none / 0) (#5)
    by oculus on Wed Apr 04, 2007 at 04:46:11 PM EST
    have they ever arrested anyone whose MJ activities fell within these definitions?  Unlikely.  

    Parent
    Jefferson (none / 0) (#6)
    by Ben Masel on Wed Apr 04, 2007 at 05:10:10 PM EST
    Grew 900 times the threshold number of plants in 1814.

    Parent
    Ex post facto of the highest order. (none / 0) (#7)
    by oculus on Thu Apr 05, 2007 at 12:33:47 PM EST