Terrorist Penalties Enhancement Act of 2003: Hearing Before the Subcommittee on Crime, Terrorism, and Homeland Security of the Committee on the Judiciary, House of Representatives, One Hundred Eighth Congress, Second Session, on H.R. 2934, April 21, 2004

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Page 30 - I can't cite them verbatim, although they are right here, which—all of which require intent as a part of the beginning process of seeking the death penalty. Mitigating factors are also included. And that makes a difference as you view this thing. Mr. KELLER. I will make one comment. So much criticism lately on the PATRIOT Act and some of it was reflected by Mr. Edgar's testimony and I certainly can accept honest and constructive criticism and difference of opinions, but I have to remind you we...
Page 7 - Mr. SUTTON. Mr. Chairman, Ranking Member Scott, Members of the Subcommittee, thank you for the opportunity to appear before you today to discuss HR 2934 and the importance of the death penalty in terrorism prosecutions. Judge Carter, on behalf of the Department of Justice, I especially want to thank you for your leadership on this issue and for introducing this important piece of legislation. In the war on terrorism, prosecutors must be equipped with every possible weapon that can help to prevent...
Page 13 - Stephen A. Layson, Homicide and Deterrence: A Reexamination of the United States TimeSeries Evidence, 52 Southern Economic Journal 68 (1985); James P.
Page 46 - ... (A) intentionally killed the victim; (B) intentionally inflicted serious bodily injury that resulted in the death of the victim; (C) intentionally participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim died as a direct result of the act...
Page 9 - HR 2934, and I look forward to the opportunity to respond to any questions that you might have. Mr. COBLE.
Page 12 - Gibbons, On the Measurement of the Deterrent Effect of Capital Punishment and the Theory of Deterrence, 6 Journal of Legal Studies 35 (1977).
Page 15 - They find that the death rate among prisoners (a proxy for prison conditions) has a significant, negative relationship with overall violent crime rates and property crime rates. As expected, the execution rate has no statistically significant relationship with overall violent crime rates (which consist mainly of robbery and aggravated assault rates) and property crime rates; that is, executions have no effect on non-capital crimes. In several estimations, both the prison death rate and the execution...
Page 45 - Mitigating factors can include any of several specific factors listed in the statute, as well as anything else "in the defendant's background, record, or character or any other circumstance of the offense that mitigate against imposition of the death sentence.
Page 48 - X has provided material support to a designated foreign terrorist organization in violation of 18 USC § 2339B, and his offense has resulted in the loss of life.
Page 15 - Again, the authors find a significant deterrent effect; they estimate that each execution deters an average of 5 murders. Their results also indicate that both commuting death-row prisoners' sentences and removing them from death row cause increases in murder. Specifically, each commutation results in approximately five extra murders and each removal from death row generates one additional murder.

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