Judge: Federal Death Penalty Unconstitutional

Associated Press ^ | Monday, July 01, 2002

[Dog Gone]

NEW YORK (AP) -- A judge declared the federal death penalty unconstitutional Monday, saying too many innocent people have been sentenced to death.

U.S. District Court Judge Jed Rakoff issued a 28-page ruling reaffirming his earlier opinion that the death penalty act violated the due process rights of defendants.

The federal government was expected to appeal the ruling, which would not affect individual states' death penalty statutes.

The court found that the best available evidence indicates that, ``on the one hand, innocent people are sentenced to death with materially greater frequency than was previously supposed and that, on the other hand, convincing proof of their innocence often does not emerge until long after their convictions.''

Rakoff had indicated in April that he was considering declaring the federal death penalty unconstitutional and gave prosecutors one last chance to persuade him otherwise before he ruled on a pre-trial defense motion to find the statute unconstitutional.

In papers filed May 16, U.S. Attorney James B. Comey urged Rakoff to resist ruling on the issue at all until after a Sept. 2 drug conspiracy murder trial.

Prosecutors noted that the Supreme Court had already concluded that the due process safeguards of the Constitution do not guarantee perfect or infallible outcomes.

They also challenged the judge's conclusion that studies had shown numerous innocent individuals were being sentenced to death, saying the studies all involved state courts.

In 14 years that the federal death penalty has been in place, none of the 31 defendants sentenced to death have later been found to be innocent, the government said.

In the case before the judge, Alan Quinones and Diego Rodriguez, alleged partners in a Bronx-based heroin selling operation, are accused of hogtying, torturing and killing an informant, Edwin Santiago, on June 27, 1999.

[antivenom]

*&^%$#*&^!!!

[Nuke'm Glowing]

But it's ok for the innocent to die at the hands of the animals. The split between the classes in this country is becoming frightening. There are the political elites who are immune from any laws, there are the criminals who get more protection from the left than anyone so they can break more laws, and then there are us dumb schmucks in the middle who tolerate all of it.

[NeoCaveman]

Amazing that this not the 9th Citcuit, from which all most idiocy comes.

[goldstategop]

Jed Rakoff just struck another blow to the prestige of the federal judiciary. This mess will land back in the lap of the U.S Supreme Court. Oh gosh what the hell IS wrong with these people?? The federal death penalty declared unconstitutional. Now there's one for extreme judicial arrogance. And federal judges wonder why people are loath to obey their decrees.

[dc-zoo]

A clinton appointee. That should help. More good news for the upcoming election.

[Eric in the Ozarks]

Its also probably unconstitutional to take peoples' liberties away for many of the politically inspired regulations that've come down the pike since the 1950's advent of activist government. The judge should get busy on these.

[Dog Gone]

The Judge is a Clinton-appointee. Anyone surprised?

[Demidog]

And why doesn't the Judge simply state that the constitution is quite specific about what crimes the federal government has jurisdiction over and what territories this jurisdiction would apply (thereby rendering most federal law enforcement and in fact vast pages of federal law unconstitutional)?

[Dog Gone]

I must type faster next time, LOL.

[goldstategop]

On the eve of the Fourth of July no less. It will create a political firestorm even bigger than the one over the Pledge of Allegiance. People have had it up to here with federal judges following their whims and refusing to abide by the Constitution and the laws they were sworn to uphold. Anyone want to circulate a petition to have Judge Jed Rakoff IMPEACHED?? I'll sign it.

[Fred Mertz]

U.S. District Court Judge Jed Rakoff, does it rhyme with *ackoff?

[NY.SS-Bar9]

In the past I have been very pro death penalty. I am beginning to have second thoughts...

Do we really want the government to have the ability to execute its' subjects citizens?

[hellinahandcart]

I'm getting a vision of a massive groundswell of popular support for something called "National Kick-A-Judge-In-The-Pants Day".

[FreeTally]

Well, on its face, I agree with the Judges assetion. A federal death penalty is unconstitutional as long as the feds are enforcing laws against anything other than treason, piracy or counterfitting of curency. If the laws are uconstitutional, then any penalty is as well.

[WindMinstrel]

I know we like the death penalty and all, but why is everyone up in arms about this? The only crimes that the feds execute people for (barring sedition, spying, etc) are already illegal under state laws, right? It seems a federal usurpation of state powers to try and execute people under these laws. I thought conservatives were in favor of states rights? Or do we just like the death penalty more than we like powerful states?

[laredo44]

U.S. District Court Judge Jed Rakoff

I'm pretty sure the reporter got this guy's first and last initials reversed.

[AmishDude]

This guy is too stupid to live.

Rakoff said he decided on law school for "the usual reason: I eliminated everything else," ruling out song-writing-after working on school musicals-as well as academia and journalism.

Translation: "I am a moron who cannot do anything that requires more intellectual capacity than being a lawyer."

I swear, people should not be allowed to be judges if they have a law degree. Nomination hearings should begin with: "Solve the following differential equation."

He's also the author of the mp3.com decision.

Shakespeare was wrong. Not the lawyers, the judges.

[lelio]

In 14 years that the federal death penalty has been in place
What do you have to do to get a federal death sentence? Does that trump a state's law against murder?

[Demidog]

I don't think he needs to be impeached. I think he didn't go far enough. Unless the crime was committed on federally controlled soil, there is no federal law-enforcement jurisdiction.