We have received some inquires regarding whether the federal government could impose the death penalty for the murder of abortion doctor George Tiller. Doesn't look like it. (See AP story here.) The federal death penalty law, 18 U.S.C. §3591 et seq., provides procedures for a death sentence in cases of espionage, treason, and "any other offense for which a sentence of death is provided...." So we first have to go to the statute defining and punishing the crime.
The statute on point is 18 U.S.C. §248. It is captioned "Freedom of access to clinic entrances," but it covers much more than that. Injuring a person because that person has provided "reproductive health services" is a violation under subd. (a)(1). The penalty is provided in subd. (b)(2): "if death results, it shall be for any term of years or for life." So it appears that Congress considered the precise question and decided there would be no death penalty. Conceivably, it might be possible to charge another statute where the death penalty is available, but I don't see one offhand.
By the way, §248 was amended in the same statute that enacted §3591, Pub. L. 103-322 (1994).
Kansas has the death penalty, but none of its eligibility circumstances appear to apply.
Update: Scott Roeder has been charged with murder in Kansas state court, according to this NYT article by Joe Stumpe and Monica Davey. Kansas's death penalty eligibility circumstances are described on page 2 of this briefing paper, and none of them appear to apply.
The statute on point is 18 U.S.C. §248. It is captioned "Freedom of access to clinic entrances," but it covers much more than that. Injuring a person because that person has provided "reproductive health services" is a violation under subd. (a)(1). The penalty is provided in subd. (b)(2): "if death results, it shall be for any term of years or for life." So it appears that Congress considered the precise question and decided there would be no death penalty. Conceivably, it might be possible to charge another statute where the death penalty is available, but I don't see one offhand.
By the way, §248 was amended in the same statute that enacted §3591, Pub. L. 103-322 (1994).
Kansas has the death penalty, but none of its eligibility circumstances appear to apply.
Update: Scott Roeder has been charged with murder in Kansas state court, according to this NYT article by Joe Stumpe and Monica Davey. Kansas's death penalty eligibility circumstances are described on page 2 of this briefing paper, and none of them appear to apply.
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