August 2, 2016
Charleston mass murderer now making mass attack on constitutionality of federal death penalty
As reported in this BuzzFeed News piece, headlined "Dylann Roof Challenges Constitutionality Of Federal Death Penalty Law," a notorious mass murderer filed a notable motion in federal court yesterday in an effort to prevent being subject to the ultimate punishment. Here are the details:
Lawyers for Dylann Roof on Monday filed a motion challenging the federal government’s intention to seek the death penalty in his murder trial, arguing that the penalty is unconstitutional. “[T]his Court should rule that the federal death penalty constitutes a legally prohibited, arbitrary, cruel and unusual punishment prohibited by both the Fifth and Eighth Amendments,” lawyers write in defense of Roof, who is charged with murder for the shooting deaths of nine people inside a historically black South Carolina church this past summer.
In the filing, the lawyers argue that the death penalty itself is unconstitutional, as is the federal death penalty law. “[T]he [Federal Death Penalty Act] may have been designed with as much care as possible under the circumstances, the capital sentencing process that the statute provides is constitutionally inadequate in practice,” the lawyers write. “The results of jurors’ good-faith grappling with the law — arbitrary, biased, and erroneous death verdicts — are intolerable as a matter of due process and proportional punishment.”
The challenge is only being brought, the lawyers write, because the federal government is seeking the death penalty in Roof’s case after rejecting his offer to plead guilty and accept multiple life sentences without the possibility of parole....
In addition to the two broad constitutional challenges, Roof’s lawyers are also challenging the jury selection process referred to as “death qualification” — finding a jury willing to impose the death penalty. As the lawyers note, “conscientious objectors to the death penalty are systematically excluded” from such juries. “Because the practice of death qualifying a jury has no constitutional or statutory underpinnings, distorts the jury function, introduces arbitrariness into capital sentencing and increases the influence of racism and sexism on the death determination, there is no justification for maintaining it,” the lawyers write.
The lawyers are also challenging related to the use of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (HCPA) in the prosecution, noting that the legislation considered including the death penalty as a punishment but ultimately rejected it. “[D]espite Congress’s deliberate decision not to provide for the death penalty in HCPA prosecutions, the government has effectively amended the statute to permit a death sentence to be imposed,” the lawyers argue.
The full 34-page filing seeking to "strike the death penalty as a possinle punishment" is available at this link.
A few prior related posts:
- Should it be the state or feds (or both!?!) that capitally prosecute racist mass murderer Dylann Storm Roof?
- Thanks to death penalty, one of worst racist mass murderers gets one of best defense lawyers
- South Carolina prosecutors begin pursuit of death penalty again Charleston church mass murderer
- Attorney for Dylann Roof, Charleston church mass murderer, suggests plea to avoid death sentence
- "Why Dylann Roof is a Terrorist Under Federal Law, and Why it Matters"
- Federal prosecutors (FINALLY!) decide to pursue death penalty for Charleston mass murderer Dylann Roof
- Intriguing capital case tussle between South Carolina and feds in Dylann Roof prosecution
August 2, 2016 at 09:55 AM | Permalink
The case applied to the federal government, given how few times it is used alone, is probably stronger. It just adds to my sentiment that the feds should have just let the state handle the death penalty issue, even if the feds prosecuted him too.
The defense would logically raise a broad claim in the state prosecution too, eventually at least, but even if they did, the point holds.
Posted by: Joe | Aug 2, 2016 10:30:46 AM
Really need spreadsheets to keep track of all these developments in various areas of law.
Posted by: Joe | Aug 2, 2016 3:35:14 PM