Monday, October 31, 2005

The House's Abuse of Patriotism - New York Times

The House's Abuse of Patriotism - New York Times: "There are now 20 terrorism-related crimes eligible for capital punishment, and the House measure would add 41 more. These would make it easier for prosecutors to win a death sentence in cases where a defendant had no intent to kill - for example, if a defendant gave financial support to an umbrella organization without realizing that some of its adherents might eventually commit violence.

Any move to weaken the American jury system in the name of fighting terrorism is particularly egregious. But the House voted to allow a federal trial to have fewer than 12 jurors if the judge finds 'good cause' to do so, even if the defense objects. Under current law, a life sentence is automatically ordered when juries become hung on deciding the capital punishment question. But the House would have a prosecutor try again - a license for jury-shopping for death - even though federal juries already exclude opponents of capital punishment."

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