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Judge: Federal Death Penalty Unconstitutional
Associated Press ^ | Monday, July 01, 2002

Posted on 07/01/2002 9:04:54 AM PDT by 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.


TOPICS: Breaking News; Constitution/Conservatism
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To: pro-life
this is good news to us. the states can still use the death penalty...this only keeps the corrupt federal government from using it. as our country becomes more and more of a corrupt police state, the more the federal govt will abuse the use of the death penalty.

Really? I guess keeping all those terrorists alive makes us all feel safe, hmmmmm?

41 posted on 07/01/2002 9:24:38 AM PDT by McGavin999
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To: Dog Gone
A judge declared the federal death penalty unconstitutional Monday, saying too many innocent people have been sentenced to death.

What a maroon! A jury found them guilty. By extension, any penalties (incarcerations, fines, etc) must be thrown out if a "innocent" was wrongly convicted.

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.

I guess the judge isn't going to let the facts stand in the way.

42 posted on 07/01/2002 9:25:00 AM PDT by 4CJ
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To: goldstategop
I'm sure the 20th hijacker, Moussaoui, is smiling this morning.
43 posted on 07/01/2002 9:25:11 AM PDT by Dog Gone
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To: Demidog
Say it again for all to see.The constitution is specific about what crimes the federal government has jurisdiction over making most federal law enforcement and much federal law unconstitutional.
44 posted on 07/01/2002 9:29:09 AM PDT by NetValue
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To: Poohbah
Murder federal law enforcement officers
The two people were accused of: hogtying, torturing and killing an informant, Edwin Santiago, on June 27, 1999.

Let me guess: the informant was acting in a federal capacity and is classified as a federal law enforcement officer.
45 posted on 07/01/2002 9:30:06 AM PDT by lelio
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To: lelio
So it looks like we have a cop killer judge. I can just see the news headlines. Another loser issue for the Rats!
46 posted on 07/01/2002 9:31:30 AM PDT by goldstategop
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To: Dog Gone
Is this not another reason for Freepers and others should demand that Leahy and the obstructionists allow the Prez' jurist nominations for not only a hearing but passage. There are nearly 144 who need hearings and passage. Enough is enough. This judge has done what Goodwin and Rinehart did on the 9th Circuit. They have enraged the so-called silent majority. If ever, in a time of terror and crime, we needed a death penalty fairly administered, we need it now.
47 posted on 07/01/2002 9:31:39 AM PDT by phillyfanatic
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To: NetValue
It is a worse non-sequitor than the judge is making to assert that your statement makes the federal death penalty unconstitutional. I realize you have your biases, issues and prejudices, but they are neither shared by this judge nor aided by his decision.
48 posted on 07/01/2002 9:32:03 AM PDT by AmishDude
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To: lelio
Yes, I think informants being run by federal agencies may be covered under te LEO clause.
49 posted on 07/01/2002 9:33:24 AM PDT by Poohbah
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To: FreeTally
Are you saying that you support the "Free Mumia" crowd, then?
50 posted on 07/01/2002 9:35:40 AM PDT by Dales
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To: Dog Gone
I'm sure the 20th hijacker, Moussaoui, is smiling this morning.

Let him smile while he can. Surely Rakoff's fatwa is going to get reversed.

51 posted on 07/01/2002 9:38:06 AM PDT by dighton
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To: Nuke'm Glowing
I vote that we dig up Timmy McVeigh and let him live with the honorable judge. Better yet, let the honorable judge bunk with the living gallows birds.
52 posted on 07/01/2002 9:40:34 AM PDT by Vigilanteman
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To: Vigilanteman
Did McVeigh not violate a State crime that was punishable by death?
53 posted on 07/01/2002 9:42:10 AM PDT by FreeTally
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To: Dog Gone
The Judge is a Clinton-appointee. Anyone surprised?

He wants to keep the DNC low life voting base alive.

54 posted on 07/01/2002 9:43:07 AM PDT by concerned about politics
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To: Dog Gone
What "Constitution" is this idiot reading?

This will be reversed on appeal.
55 posted on 07/01/2002 9:45:49 AM PDT by Redbob
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To: concerned about politics
Yup. I guess Timothy McVeigh didn't get the news in time to win Judge Rakoff's largesse. Then again to a liberal like Rakoff, McVeigh was a white guy and as every one knows, white guys don't vote Democratic. I just can see his little cog wheels turning up there. Eureka! The Rats have finally secured the Islamokamikazi vote!!! ;-)

All the more reason to IMPEACH JUDGE RAKOFF TODAY!!!

56 posted on 07/01/2002 9:46:37 AM PDT by goldstategop
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To: FreeTally
Yup, but he also committed a Federal crime (murder of Federal LEOs).

Had he been acquitted of the federal charges, or not gotten the death penalty, he would have faced 160 counts of murder under the laws of the State of Oklahoma.

57 posted on 07/01/2002 9:47:27 AM PDT by Poohbah
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To: Dog Gone
Between this and the Pledge decision, it's a better conservative PR campaign for November than anyone could have ever come up with.
58 posted on 07/01/2002 9:57:43 AM PDT by pragmatic
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To: pragmatic
When your enemy is busy shooting himself in the foot, your best strategy is to keep handing him ammunition.
59 posted on 07/01/2002 10:00:14 AM PDT by Poohbah
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To: Dog Gone
I'm opposed to the Federal Death Penalty in cases outside treason...but it IS constitutional.
60 posted on 07/01/2002 10:02:43 AM PDT by Dan from Michigan
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