dixiejarhead
Well-Known Member
No federal crime for murder. It's state jurisdiction.
Explosion at the Boston Marathon?
- Thread starter oleheat
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No federal crime for murder. It's state jurisdiction.
dixiejarhead
Well-Known Member
No.
http://www.gpo.gov/fdsys/pkg/PLAW-104publ132/html/PLAW-104publ132.htm
Can any law readers translate the Antiterrorism and Death Penalty Act of 1996? Is it a yea or nay ?
Can any law readers translate the Antiterrorism and Death Penalty Act of 1996? Is it a yea or nay ?
I assumed there'd be some Federal charges. I know murder is specifically a State charge, but I assume there are Federal charges for the explosives, illegal guns, and terrorist ****, at the least, that'd be good for an execution.
Digging up the googles to see if Federal charges are planned, (though I understand the previous accuracy of 'the media' has been nothing short of astounding...) I get a few mentions of it. Federal prosecutors... Federal charges...
http://articles.washingtonpost.com/...7656_1_boston-marathon-dagestan-other-attacks
http://www.aljazeera.com/news/americas/2013/04/201342214238512114.html
Though no one has any information on /what/ charges are likely obviously. I guess we'll find out in the coming days, if not today.
You have me on that one. I don't enforce federal law. I do know that Mass. doesn't sentence people to death for violations of any of their state statues.
I'll check into though...
JR1572
dixiejarhead
Well-Known Member
Capital crimes such as murder will supercede any federal violations. There is a stronger case there. Feds may try on additional charges, but it will be after state prosecutors present their case and the trial is done. Depending on the result will depend on whether or not the feds will waste time and money on the case.
dixiejarhead
Well-Known Member
Section 107 applies only to habeas corpus in capital cases at the state level.
dixiejarhead
Well-Known Member
let the people of Massivetwoshits pay for his lifetime of jail and medical rehabilitation. They voted out the death penalty in 1984, let them have him. Part of the reason why I don't feel sorry for ANYONE that remains in such a state if they are conservative. They give their money to that system then want me to feel sorry for them? Screw them! Time for them to vote with their feet, or put their money where their mouth is.
dixiejarhead
Well-Known Member
OK, there are some statuates for murder for the Feds, but they are exclusive and generally involve murder of a federal official et al.
NAME METHOD RACE OFFENSE AGE DATE PLACE*
Aldermon, James Hanging Unk Murder Unk 08/17/27 FL
Panzram, Carl Hanging White Murder of Laundry Foreman 36 09/05/30 KS
Barrett, George Electrocution White Murder of N.B. Klein, FBI Man Unk 03/24/36 IN
Gooch, Arthur Hanging White Kidnapping 27 06/19/36 OK
Gardner, Earl Hanging Indian Murder (wife and infant son) 30 07/12/36 AZ
Chebatoria, Anthony Hanging White National bank robbery (killed) 39 07/08/38 MI
Seadlund, Henry Hanging White Kidnapping (Chas. Ross) 27 07/14/38 IL
Suhay, Robert Hanging White Murder (Agent Baker) 25 08/12/38 KS
Applegate, Glenn Hanging White Murder (Agent Baker) 34 08/12/38 KS
Dalhover, James Electrocution White Bank robbery and murder (Brady gang) 32 11/18/38 IN
Charles, Nelson Hanging Indian Murder (mother-in-law) 37 11/10/39 AK
**Haupt, Herbert Electrocution White Sabotage 22 08/08/42 DC
**Heinck, Heinrich Electrocution White Sabotage Unk 08/08/42 DC
**Keiling, Edward Electrocution White Sabotage Unk 08/08/42 DC
**Neubauer, Herman Electrocution White Sabotage Unk 08/08/42 DC
**Quirin, Richard Electrocution White Sabotage Unk 08/08/42 DC
**Thiel, Werner Electrocution White Sabotage Unk 08/08/42 DC
Arwood, Clyde Electrocution White Murder of federal employee 24 08/14/43 TN
Ruhl, Henry Gas chamber White Murder on a government reservation 36 04/27/45 WY
Nelson, Austin Hanging Black First degree murder of a merchant 28 03/01/48 AK
Watson, David Joseph Electrocution Black Murder on the high seas 23 09/15/48 FL
Shockley, Samuel Richard Gas chamber White Murder 36 12/03/48 CA
Thompson, Meran Edgar Gas chamber White First degree murder 31 12/03/48 CA
Ochoa, Carlos Romero Gas chamber White Murder 27 12/10/48 CA
LaMoore, Eugene Hanging Black First degree murder of a merchant Unk 04/14/50 AK
Rosenberg, Julius Electrocution White Espionage 35 06/19/53 NY
Rosenberg, Ethel (f) Electrocution White Espionage 37 06/19/53 NY
Hall, Carl Austin Gas chamber White Kidnapping and murder 34 12/18/53 MO
Heady, Bonnie Brown (f) Gas chamber White Murder 41 12/18/53 MO
Puff, Gerhard A. Electrocution White Murder of an FBI agent 39 08/12/54 NY
Brown, Arthur Ross Gas chamber White Kidnapping (victim not released unharmed) 30 02/24/56 MO
Krull, George Electrocution White Rape 34 08/21/57 GA
Krull, Michael Electrocution White Rape 32 08/21/57 GA
Feguer, Victor Hanging White Kidnapping 28 03/15/63 IA
McVeigh, Timothy Lethal Injection White Murder 33 6/11/01 IN (OK)
Garza, Juan Raul Lethal Injection Hispanic Murder 44 6/19/01 IN (TX)
Jones, Louis, Jr. Lethal Injection Black Murder 53 3/18/03 IN (TX)
Total: 37 executions
8 U.S.C. 1342 Murder related to the smuggling of aliens.
18 U.S.C. 32-34 Destruction of aircraft, motor vehicles, or related facilities resulting in death.
18 U.S.C. 36 Murder committed during a drug-related drive-by shooting.
18 U.S.C. 37 Murder committed at an airport serving international civil aviation.
18 U.S.C. 115(b)(3)
[by cross-reference
to 18 U.S.C. 1111] Retaliatory murder of a member of the immediate family of law enforcement officials.
18 U.S.C. 241,
242, 245, 247 Civil rights offenses resulting in death.
18 U.S.C. 351
[by cross-reference
to 18 U.S.C. 1111] Murder of a member of Congress, an important executive official, or a Supreme Court Justice.
18 U.S.C. 794 Espionage.
18 U.S.C. 844(d), (f), (i) Death resulting from offenses involving transportation of explosives, destruction of government property, or destruction of property related to foreign or interstate commerce.
18 U.S.C. 924(i) Murder committed by the use of a firearm during a crime of violence or a drug-trafficking crime.
18 U.S.C. 930 Murder committed in a Federal Government facility.
18 U.S.C. 1091 Genocide.
18 U.S.C. 1111 First-degree murder.
18 U.S.C. 1114 Murder of a Federal judge or law enforcement official.
18 U.S.C. 1116 Murder of a foreign official.
18 U.S.C. 1118 Murder by a Federal prisoner.
18 U.S.C. 1119 Murder of a U.S. national in a foreign country.
18 U.S.C. 1120 Murder by an escaped Federal prisoner already sentenced to life imprisonment.
18 U.S.C. 1121 Murder of a State or local law enforcement official or other person aiding in a Federal investigation; murder of a State correctional officer.
18 U.S.C. 1201 Murder during a kidnapping.
18 U.S.C. 1203 Murder during a hostage taking.
18 U.S.C. 1503 Murder of a court officer or juror.
18 U.S.C. 1512 Murder with the intent of preventing testimony by a witness, victim, or informant.
18 U.S.C. 1513 Retaliatory murder of a witness, victim, or informant.
18 U.S.C. 1716 Mailing of injurious articles with intent to kill or resulting in death.
18 U.S.C. 1751
[by cross-reference
to 18 U.S.C. 1111] Assassination or kidnapping resulting in the death of the President or Vice President.
18 U.S.C. 1958 Murder for hire.
18 U.S.C. 1959 Murder involved in a racketeering offense.
18 U.S.C. 1992 Willful wrecking of a train resulting in death.
18 U.S.C. 2113 Bank-robbery-related murder or kidnapping.
18 U.S.C. 2119 Murder related to a carjacking.
18 U.S.C. 2245 Murder related to rape or child molestation.
18 U.S.C. 2251 Murder related to sexual exploitation of children.
18 U.S.C. 2280 Murder committed during an offense against maritime navigation.
18 U.S.C. 2281 Murder committed during an offense against a maritime fixed platform.
18 U.S.C. 2332 Terrorist murder of a U.S. national in another country.
18 U.S.C. 2332a Murder by the use of a weapon of mass destruction.
18 U.S.C. 2340 Murder involving torture.
18 U.S.C. 2381 Treason.
21 U.S.C. 848(e) Murder related to a continuing criminal enterprise or related murder of a Federal, State, or local law enforcement officer.
49 U.S.C. 1472-1473 Death resulting from aircraft hijacking
So basically its an issue when there is not presiding state jurisdiction, or if the crime occured on the high seas, Indian reservation or overseas etc...
NAME METHOD RACE OFFENSE AGE DATE PLACE*
Aldermon, James Hanging Unk Murder Unk 08/17/27 FL
Panzram, Carl Hanging White Murder of Laundry Foreman 36 09/05/30 KS
Barrett, George Electrocution White Murder of N.B. Klein, FBI Man Unk 03/24/36 IN
Gooch, Arthur Hanging White Kidnapping 27 06/19/36 OK
Gardner, Earl Hanging Indian Murder (wife and infant son) 30 07/12/36 AZ
Chebatoria, Anthony Hanging White National bank robbery (killed) 39 07/08/38 MI
Seadlund, Henry Hanging White Kidnapping (Chas. Ross) 27 07/14/38 IL
Suhay, Robert Hanging White Murder (Agent Baker) 25 08/12/38 KS
Applegate, Glenn Hanging White Murder (Agent Baker) 34 08/12/38 KS
Dalhover, James Electrocution White Bank robbery and murder (Brady gang) 32 11/18/38 IN
Charles, Nelson Hanging Indian Murder (mother-in-law) 37 11/10/39 AK
**Haupt, Herbert Electrocution White Sabotage 22 08/08/42 DC
**Heinck, Heinrich Electrocution White Sabotage Unk 08/08/42 DC
**Keiling, Edward Electrocution White Sabotage Unk 08/08/42 DC
**Neubauer, Herman Electrocution White Sabotage Unk 08/08/42 DC
**Quirin, Richard Electrocution White Sabotage Unk 08/08/42 DC
**Thiel, Werner Electrocution White Sabotage Unk 08/08/42 DC
Arwood, Clyde Electrocution White Murder of federal employee 24 08/14/43 TN
Ruhl, Henry Gas chamber White Murder on a government reservation 36 04/27/45 WY
Nelson, Austin Hanging Black First degree murder of a merchant 28 03/01/48 AK
Watson, David Joseph Electrocution Black Murder on the high seas 23 09/15/48 FL
Shockley, Samuel Richard Gas chamber White Murder 36 12/03/48 CA
Thompson, Meran Edgar Gas chamber White First degree murder 31 12/03/48 CA
Ochoa, Carlos Romero Gas chamber White Murder 27 12/10/48 CA
LaMoore, Eugene Hanging Black First degree murder of a merchant Unk 04/14/50 AK
Rosenberg, Julius Electrocution White Espionage 35 06/19/53 NY
Rosenberg, Ethel (f) Electrocution White Espionage 37 06/19/53 NY
Hall, Carl Austin Gas chamber White Kidnapping and murder 34 12/18/53 MO
Heady, Bonnie Brown (f) Gas chamber White Murder 41 12/18/53 MO
Puff, Gerhard A. Electrocution White Murder of an FBI agent 39 08/12/54 NY
Brown, Arthur Ross Gas chamber White Kidnapping (victim not released unharmed) 30 02/24/56 MO
Krull, George Electrocution White Rape 34 08/21/57 GA
Krull, Michael Electrocution White Rape 32 08/21/57 GA
Feguer, Victor Hanging White Kidnapping 28 03/15/63 IA
McVeigh, Timothy Lethal Injection White Murder 33 6/11/01 IN (OK)
Garza, Juan Raul Lethal Injection Hispanic Murder 44 6/19/01 IN (TX)
Jones, Louis, Jr. Lethal Injection Black Murder 53 3/18/03 IN (TX)
Total: 37 executions
8 U.S.C. 1342 Murder related to the smuggling of aliens.
18 U.S.C. 32-34 Destruction of aircraft, motor vehicles, or related facilities resulting in death.
18 U.S.C. 36 Murder committed during a drug-related drive-by shooting.
18 U.S.C. 37 Murder committed at an airport serving international civil aviation.
18 U.S.C. 115(b)(3)
[by cross-reference
to 18 U.S.C. 1111] Retaliatory murder of a member of the immediate family of law enforcement officials.
18 U.S.C. 241,
242, 245, 247 Civil rights offenses resulting in death.
18 U.S.C. 351
[by cross-reference
to 18 U.S.C. 1111] Murder of a member of Congress, an important executive official, or a Supreme Court Justice.
18 U.S.C. 794 Espionage.
18 U.S.C. 844(d), (f), (i) Death resulting from offenses involving transportation of explosives, destruction of government property, or destruction of property related to foreign or interstate commerce.
18 U.S.C. 924(i) Murder committed by the use of a firearm during a crime of violence or a drug-trafficking crime.
18 U.S.C. 930 Murder committed in a Federal Government facility.
18 U.S.C. 1091 Genocide.
18 U.S.C. 1111 First-degree murder.
18 U.S.C. 1114 Murder of a Federal judge or law enforcement official.
18 U.S.C. 1116 Murder of a foreign official.
18 U.S.C. 1118 Murder by a Federal prisoner.
18 U.S.C. 1119 Murder of a U.S. national in a foreign country.
18 U.S.C. 1120 Murder by an escaped Federal prisoner already sentenced to life imprisonment.
18 U.S.C. 1121 Murder of a State or local law enforcement official or other person aiding in a Federal investigation; murder of a State correctional officer.
18 U.S.C. 1201 Murder during a kidnapping.
18 U.S.C. 1203 Murder during a hostage taking.
18 U.S.C. 1503 Murder of a court officer or juror.
18 U.S.C. 1512 Murder with the intent of preventing testimony by a witness, victim, or informant.
18 U.S.C. 1513 Retaliatory murder of a witness, victim, or informant.
18 U.S.C. 1716 Mailing of injurious articles with intent to kill or resulting in death.
18 U.S.C. 1751
[by cross-reference
to 18 U.S.C. 1111] Assassination or kidnapping resulting in the death of the President or Vice President.
18 U.S.C. 1958 Murder for hire.
18 U.S.C. 1959 Murder involved in a racketeering offense.
18 U.S.C. 1992 Willful wrecking of a train resulting in death.
18 U.S.C. 2113 Bank-robbery-related murder or kidnapping.
18 U.S.C. 2119 Murder related to a carjacking.
18 U.S.C. 2245 Murder related to rape or child molestation.
18 U.S.C. 2251 Murder related to sexual exploitation of children.
18 U.S.C. 2280 Murder committed during an offense against maritime navigation.
18 U.S.C. 2281 Murder committed during an offense against a maritime fixed platform.
18 U.S.C. 2332 Terrorist murder of a U.S. national in another country.
18 U.S.C. 2332a Murder by the use of a weapon of mass destruction.
18 U.S.C. 2340 Murder involving torture.
18 U.S.C. 2381 Treason.
21 U.S.C. 848(e) Murder related to a continuing criminal enterprise or related murder of a Federal, State, or local law enforcement officer.
49 U.S.C. 1472-1473 Death resulting from aircraft hijacking
So basically its an issue when there is not presiding state jurisdiction, or if the crime occured on the high seas, Indian reservation or overseas etc...
Last edited:
"Conspiring to use weapons of mass destruction against persons, property of the United States, resulting in death."
He's the White House statement. The way Carney puts it, it sure doesn't sound like the death penalty is on the table, anyway.
http://www.realclearpolitics.com/video/2013/04/22/carney_boston_bomber_will_not_be_charged_as_enemy_combatant.html
He's the White House statement. The way Carney puts it, it sure doesn't sound like the death penalty is on the table, anyway.
http://www.realclearpolitics.com/video/2013/04/22/carney_boston_bomber_will_not_be_charged_as_enemy_combatant.html
dixiejarhead
Well-Known Member
Yes, it does not fit that description since the jurisdiction falls entirely in the state of Mass.
dixiejarhead
Well-Known Member
Will be interesting to see what they charge him with. Fox is saying they are filing federal charges, which in fact I find surprising...
dixiejarhead
Well-Known Member
Still looking for nexus. I don't see it. If they charge fed, I think a good lawyer will beat it. Everyone of the cases that are active or previously carried out involved interstate crimes, or crimes committed on federal properties (murrah building in OKC etc) or against federal employees, witness protection members etc.
Weren't these so called "new terror" charges a result of the last anti-terroism statute the Congress passed. The Patriot Act or whatnot?
dixiejarhead
Well-Known Member
They may be, I am not certain. I am checking and waiting to see what they file. If it is the case, everyone needs to be VERY worried.....
I know what you're saying Sam. While I'm glad they were in it to win it. Seeing them yank people out their homes while entering them was disturbing.
Call it what you will. I know they had a job to do but it sure didn’t look or feel right.
I mean if the guy who took this pic had a flash on, he may have bit a bullet.
Crazy situation to be in for sure.
Call it what you will. I know they had a job to do but it sure didn’t look or feel right.
I mean if the guy who took this pic had a flash on, he may have bit a bullet.
Crazy situation to be in for sure.
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