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WASHINGTON (AP) Federal executions probably will not become
commonplace, despite the unprecedented attention given to Timothy
McVeigh, because there are relatively few candidates and many
obstacles.
Before McVeigh was administered a lethal dose of drugs for the
1995 Oklahoma City bombing, no prisoner had been put to death under
federal law in the United States since 1963. And even though
another execution is scheduled in a week, there remains strong
opposition to capital punishment from certain legal, social and
political quarters.
The Oklahoma City bombing took the lives of 168 men, women and
children, the worst act of domestic terrorism in the history of the
country. It was a different kind of crime.
"McVeigh's execution has a unique place in history, but cases
being processed now show a very different face of the federal death
penalty system," said Elizabeth Semel, director of the American
Bar Association's death penalty representation project.
The case of Juan Raul Garza, a 44-year-old Texas man convicted
of murder and drug smuggling, is more typical of the approximately
350 defendants for whom federal prosecutors have sought the death
penalty since 1988.
Garza is scheduled to be put to death a week from now at the
same facility in Terre Haute, Ind., where McVeigh was executed
Monday.
Whether the McVeigh case opens the way for regular executions by
the federal government is debatable.
"It's much more easy now for it to happen again," said
criminologist James Alan Fox of Northeastern University. "The ice
is broken."
Several recent events, however, illustrate the difficulty
government officials encounter when they try to use the death
penalty:
Attorney General John Ashcroft had to assure French government
officials this month that U.S. prosecutors would not seek the death
penalty for James Charles Kopp, on the FBI's 10
most-wanted-fugitives list for the sniper slaying of an abortion
doctor in upstate New York, if France would agree to extradite him
to the United States.
Capital punishment is widely opposed in Europe, and President
Bush is expected to encounter a host of demonstrations during his
tour there this week. A final decision on Kopp's extradition is
expected in France this week.
Garza escaped the death chamber in December after
then-President Clinton postponed his execution amid apprehension
that the federal death penalty is racially and geographically
prejudiced.
Garza is Hispanic, and his lawyers have appealed his sentence
and applied for clemency. The filing is under review.
In a case related to McVeigh's, lawyers for a Pennsylvania man
facing the death penalty sought futilely to have McVeigh's
execution videotaped. They lost at the Supreme Court, but the
effort dramatized the lingering issue of whether the death penalty
constitutes cruel and unusual punishment in violation of the
Constitution's Eighth Amendment. The question lives on, even though
courts have often refused to consider it.
On June 4, the Supreme Court overturned the death sentence of
Johnny Paul Penry for the slaying of a woman in 1979, which set up
a court decision whether the mentally retarded can be executed.
Federal executions would seem at the very least to be infrequent
events, based on the numbers.
Nineteen men are on federal death row; more than 220 were put to
death in Texas alone since 1982 in state cases.
The United States had no death penalty from the mid-1960s until
1977, and federal prosecutors didn't start seeking death sentences
until the mid-1980s.
That happened because a more crime-conscious Congress and
administrations of both parties passed many new laws which greatly
expanded the number of crimes punishable by death. Federal
prosecutors sought the death penalty against 348 defendants from
1988 to 2000, Justice Department figures show.
Far more defendants face the death penalty on the state level.
More than 3,700 state prisoners are on death row, and 33 state
prisoners have been executed so far this year.
Some experts view Garza's execution, rather than McVeigh's, as
the harbinger of federal executions in the years to come.
Of the 18 other inmates sitting on federal death row in Terre
Haute, 14 are black, according to the Bureau of Prisons.
Many are convicted of drug or murder charges under laws passed
since 1988, and all the cases are in various stages of appeal. None
is expected to be scheduled for execution for several months.
A Justice Department study released last week said a review of
more than 900 federal cases showed no evidence of racial bias.
Death penalty opponents immediately derided the review, saying
it failed to take into account potential racial bias in the way
federal prosecutors choose which defendant should be charged with
capital offenses.
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