So..under that rule- theoretically bin Laden would get life and not the death penalty. He did NOT participate directly in the attacks- he was in Afghanistan.
Not sure about this- under Federal law- is conspiracy to commit murder a death penalty case?
I am not sure I guess we need to look it up. Let me surf.
I know in state courts that simple conspiracy and an overt act constitutes felony murder. I also think that under Federal anti-terrorist laws the same applies at the Federal level. I'm not sure you could try bin-Laden in the civilian courts because I don't know when all the statutes were passed. But I'm sure he has caused the death of others which would constitute participation in conspiracy in other terrorist acts which killed Americans (e.g. Bali). Military tribunals would be different. There he is simply an unlawful combatant.
Didn't Terry Nichols do a plea bargain to get the death penalty off the table? I don't recall that he was ever accused of being present for the bombing, but I may be forgetting crucial details....
Pinz