The most heinous tragedy of those who were lost in 9/11, the mourning of firefighters, first responders, and law enforcement who lost their lives, certainly there is no doubt that that was a heinous terrorist act. If those terrorists had lived--there would have been firefighters and first responders included, and their deaths would have been, in essence, tried under the Federal death penalty; and those heinous perpetrators would have been tried, given capital punishment, if the jury had convicted them--there probably was no doubt--and ultimately might have seen their end through the exercise of the death penalty. That is, I think, clearing up that we are standing here adding any measure of difference to this particular legislation. If the act falls under Federal criminal laws, you can be, or the murderer of you can be, in fact, charged with a Federal death penalty. On the other hand, if you go into a burning building and, unfortunately, the owner of the building--or there is some unfortunate incident and you are shot as a firefighter, you do not fall under this statute. That is not a Federal offense, but you can fall under your State death penalty cases. Why would we be concerned about this idea of additional death penalties? Let me cite for you the case of Buck v. Davis, where the death penalty verdict was based merely on whether the defendant is likely to commit acts of violence in the future, and a psychologist opined that being Black did increase the probability.…
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