A federal court has found the
federal death penalty to be unconstitutional. I’ve not yet had the chance to read the decision, but the judge felt that the chance of the execution of an innocent man meant that the death penalty deprives suspects of the right of due process.
This decision may be defensable, but that doesn’t mean that it’s either smart or correct. As the article notes, the Supreme Court has ruled that due process doesn’t mean that some innocent people won’t be punished. Also, the cases of innocent people being sentenced to Death Row have all been in state courts, there is not evidence that any of the 31 federal executions have been of anyone other than the guilty party. This case is unlikely to hold water, and will likely be thrown out by a higher court.
