The House bill to reauthorize the Patriot Act includes provisions that would transform the rights a defendent has under the federal death penalty system. From the NYTimes via Majikthise:
If all 12 members of a jury in a capital case in federal court cannot agree on whether to impose the death penalty, a convicted defendant is automatically sentenced to life in prison.But that may be about to change. A little-noticed provision in the House bill that reauthorized the antiterrorism law known as the USA Patriot Act would allow federal prosecutors further attempts at a death sentence if a capital jury deadlocks on the punishment. So long as at least one juror voted for death, prosecutors could empanel a new sentencing jury and argue again that execution was warranted.
You have the right to be judged by a jury of your peers, unless the government really wants to kill you, in which case you have the right to be tried by a jury of different, more bloodthirsty peers. And if the government can't find enough people to fry your ass, a jury of less than 12 jurors will do if the court finds "good cause."
The Washington Post has more:
Under the proposals, 41 crimes would be added to the 20 terrorism-related offenses now eligible for the federal death penalty. Prosecutors would also find it easier to impose a death sentence in cases in which the defendant did not have the intent to kill.
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