Many people are not aware that the death penalty exists at the federal level. Today at Chambers Law Firm we will go over the federal death penalty, when it applies, and what to do if you or a loved one is a facing a death eligible case. Remember that you can contact Chambers Law Firm at 714-760-4088 anytime to request a free legal consultation with an experienced federal defense attorney.
Understanding the federal death penalty
California has a death penalty statute and punishment available, though it is rarely exercised. The deep south states often have the death penalty while many other parts of the country have outlawed it. However, in federal court there is the death penalty.
You could face federal death penalty charges even in a state that does not have the death penalty. However, if a person is convicted and sentenced to the federal death penalty in a state that does not have the death penalty, then the U.S. Marshall must transport the defendant to a state that does have the death penalty for their execution.
Eligibility for the death penalty is similar in federal court and state courts that allow it
Death eligible crimes at a federal level are similar to death eligible crimes at state levels (for those states that allow it). Any federal first-degree murder charge can expose the defendant to the potential for the death penalty. Many types of murder, treason, and certain types of espionage are death-eligible crimes.
Under federal law, only the U.S. Attorney can decide if the death penalty will be sought. The local Assistant U.S. Attorney has to go up to the latter of command to get approval to seek the death penalty. The prosecution is then required to give the defense a state of aggravating factors that outlines all the reasons the case is being charged as a death penalty case.
The defense can then counter these aggravating factors with mitigating factors to convince a jury that the death penalty is not an appropriate sentence.
Examples of aggravating and mitigating factors
In attempt to convince the jury that the defendant should be sentenced to death, the prosecution can argue aggravating factors including a prior history of violent acts, being convicted of multiple crimes, and particularly heinous crimes. Mitigating factors can include things like issues in the defendant’s childhood or cognitive issues that led to the behavior that led them to commit the crimes.
The jury then weighs the aggravating and mitigating factors to determine if the defendant should be sentenced to death.
These are serious cases that require a serious attorney. You can reach Attorney Dan Chambers by calling 714-760-4088 for a free legal consultation.
