this post was submitted on 02 Apr 2025
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Actually Infuriating
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It's actually good that the US is trying to be harsher about it. Seems unlikely the jury will conclude the crime warrants that punishment, leading to a not guilty (since the jury only gets to say guilty or not) and no double jeopardy. IMO this is actually how Luigi will avoid much, if any, prison time, like with the Casey Anthony case. Happens with other murders where the prosecution fucks up by demanding a harsh conviction where there is too much doubt or mitigating factors. They get greedy, and lose the entire case.
Unfortunately, punishments (except the death penalty) may not be considered when determining guilt in trials by jury.
While it will be tough to find people who don't know anything about this, the courts will be able to find an impartial jury, and one that likely doesn't follow the news or know of the potential punishment.
It will never be stated to the jury, and technically no jury member is allowed to mention it if they do know it.
The terrorism charges on the other hand will be extremely difficult to prove. And that might be what frees him.
Edit: This comment has been corrected by the person below. The death penalty decision comes as a secondary trial after a defendant has been found guilty. Source: https://www.justice.gov/usao/justice-101/sentencing
That's specifically not true if the death penalty is involved on a federal case. The jury has to unanimously agree on the death sentence. If they don't, the accused can only receive life in prison.
https://www.justice.gov/archive/dag/pubdoc/deathpenaltystudy.htm
I did not know that. Thank you!
But apparently it is only after they are found guilty. So the death penalty is like a second trial.
https://www.justice.gov/usao/justice-101/sentencing