US congresswoman Gabrielle Giffords shot in head

[Ewe]

Link

12 others injured, she was speaking at a local meeting, absolutely shocking.

Some reports indicating it is due to her 100% pro choice voting record. V.sad.

thevictims

Agree with expat, although it's not the 'charge' of murder that attracts the death penalty, but the conviction of murder. Obviously he will need to be tried in court, although the evidence seems fairly conclusive.

Any comment from Sarah Palin about this?

Actually, does AZ have a fed prison, ilove? Or do they have to go to Supermax in CO?

I used to go climb a bit outside Canon City, where Supermax is close to, and we'd pass it by on the way in. Freaky. Lit up like the Luxor hotel at all times.

A men's maximum security and women's medium security state correctional facility is near it, too, so it was like, a prison town full of motels and fast-food joints.

And cops! Loads of 'em.

I think SP has said sorry. Hollow words when she has incited such hatred and murder. Dangerous woman, Sarah Palin.

expat

It's an interesting question, but think that Arizona falls under the Western Region and do have a federal prison, unless I'm getting confused between correctional facilities?

here

They always move federal prisoners around, anyhow. They never stay in one place for long.

It's become clear this guy's a bit whacked, but lucid enough to plan to assassinate a Congressperson and take aim at bystanders.

He has a hearing today in federal court.

Why have they gone with the killing of the government employees, rather than all of those killed?

It just seems that they think that these people carry more sentencing weight than the others, why can't they try him for all the victims?

In case this is a stupid question, I know very little about the American justice system - educate me please

'Why have they gone with the killing of the government employees, rather than all of those killed?'

Because those employees were federal employees and he is being tried in a federal court.

The other victims are a matter for the state court to bring charges and/or try him.

The federal system, however, ranks first before a state, in a rather crude way of explanation, so they will try him first.

It doesn't mean they have more weight, indeed it's possible AZ has classed murder of a child under 10 as a capital crime (some states do), it's that the two are separate systems of criminal justice and he is facing the federal charges first and will be tried on those first.

He will likely be found guilty (he may also plead guilty) and be sentenced to either life imprisonment in a federal prison or death, in which case he'll be detained in federal prisons until the time of his execution.

After the federal trial(s), the state of Arizona may also try and convict him, but this can also be seen as a waste of state taxpayer monies if he's sentenced to be executed by the federal government, so it's up to them if they chose to do it or not.

A capital crime is one which can result in a sentence of either death or life imprisonment without the possibility of parole (some states do not have the death penalty).

It is usually: premeditated murder in conjunction with rape, robbery or kidnapping or murder of a law enforcement officer (sometines includes fire personnel and other officials including some employees of the state). In some states it includes murder of a child.

All crimes are considered state matters unless they meet the definition of a federal crime (such as murdering or attempting to murder a federal employee, treason, crimes committed involving crossing state lines, some types of fraud/deceptive trade and practice, misselling, mail/post fraud and crime, etc).

That's why you here, in big cases like OJ's, 'The State of California v. O.J. Simpson'.

Just to add, the federal employee charges would be the murders of Chief Judge John Roll and Gabriel Zimmerman, and the attempted murder of Representative Giffords.

Thank you both.

I suppose it just seems a bit weird that each victim won't have justice - just wrapped up altogether.

Although I can see how it is expensive to try him lots of times, if it can be done once.

Who decides on which sentence he may get if found guilty? Is it down to the prosecution to argue for a specific sentence, or does the Judge decide depending on the evidence?

'Although I can see how it is expensive to try him lots of times, if it can be done once.'

It can't be done at once because it's actually considered two jurisdictions, basically: federal in the case of the murders of John Roll and Gabe Zimmerman and the attempted murder of Gabrielle Giffords; state in the case of the murders of the 4 other individual citizens.

And believe me, they'll get justice because I'll eat my hat if he doesn't swing from a rope for the federal murders alone.

In most state cases it's up to the DA/prosecution to decide which penalty to pursue based on the law in that state if there is no automatic sentencing in place for the crime. The jury will usually decide the sentence, but in some cases it's a panel of judges.

In fed cases, I'd have to double check.

As a side note: Woody Harrelson's biological father died in federal prison for the murder of a federal judge (he had already been convicted for several other murders and a number of other crimes).