President Trump’s Executive Order on the Death Penalty
I have not seen much press about President Trump’s order concerning the death penalty. But several provisions could prove to be quite significant.
First, Trump has ordered that the murderers with commuted sentence be placed in “appropriate” conditions:
The Attorney General shall evaluate the places of imprisonment and conditions of confinement for each of the 37 murderers whose Federal death sentences were commuted by President Biden, and the Attorney General shall take all lawful and appropriate action to ensure that these offenders are imprisoned in conditions consistent with the monstrosity of their crimes and the threats they pose.
I suspect any change of conditions will give rise to an Eighth Amendment condition of confinement challenge. (See Point #4 below on whether these cases will succeed.)
Second, Trump has directed the Attorney General to refer federal inmates for state prosecution. Remember, there is no statute of limitation for murder, and states remain free to punish defendants who had their federal sentences commuted.
The Attorney General shall further evaluate whether these offenders can be charged with State capital crimes and shall recommend appropriate action to state and local authorities.
There is an obvious case to refer. John Fitzgerald Hanson is serving a life sentence in federal prison in Louisiana. He was also sentenced to death in Oklahoma
Article from Reason.com
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