“It fundamentally misapprehends the Constitution to use a provision that regulates the procedures by which the Government may deprive someone of life to require that defendants may never be deprived of life at all,” the government argued.
CHALLENGING studies purporting to show that a “meaningful” number of innocent people have been sentenced to death in America, prosecutors have urged U.S. District Judge Jed S. Rakoff to affirm the constitutionality of the federal death penalty statute.
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