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May 09, 2013

A Large Private News Network Located Somewhere in the Northeast Reports that Prosecutors are Considering the Death Penalty for the Cleveland Killers

Don't look for the large news network -- this is all they have. Clicking on them will just tell you what I just did, plus some background you already know.

This is almost certainly because of the "fetal demise" aspect, as I'm pretty sure you can't be executed for kidnapping. (The Supreme Court has limited the death penalty to murder. I may be slightly wrong about that, but not much wrong. If they left wiggle room it's only a little wiggle room. I'm not wrong-- not only can you only get it for anything but murder, you also can't get it for "ordinary murder." Some sort of aggravation of murder is required. So you need a murder, plus.

This actually means the Ohio case, if the death penalty were imposed, would be taken to the Supreme Court. The Ohio statute makes intentional fetal demise itself an aggravated murder. I'm not sure the Supreme Court would bless that. It might okay it as being classified as murder, but not murder, plus. (Then again, the kidnapping and rapes may aggravate it!)

Either way, I think it would go up the system a ways.)


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posted by Ace at 04:24 PM

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