NCJ Number
139994
Journal
Journal of Contemporary Law Volume: 18 Issue: 1 Dated: (1992) Pages: 47-73
Date Published
1992
Length
27 pages
Annotation
The 1988 Federal law that authorizes capital punishment for certain drug-related murders represents a mixture of constitutional and policy choices that will probably make no real contribution to the efforts to reduce drug abuse and drug law offenses.
Abstract
The law allows capital punishment for offenders who intentionally cause death in connection with a continuing drug-related enterprise or other major Federal drug law offense. The law also authorizes capital punishment for offenders who intentionally cause the death of a law enforcement officer in connection with the offender's Federal felony drug violation. This legislation superficially responded to perceived election-year public attitudes about capital punishment and drug trafficking. Most of the law's substantive and procedural provisions regarding capital punishment meet or exceed the minimum standards required by the Supreme Court. However, challenges are likely in relation to aggravating and mitigating factors, appellate review, and the failure to identify the method of execution. In addition, the law is overinclusive and inadequately designed to achieve its stated goals of executing major drug offenders and protecting law enforcement officers and bystanders. Moreover, the law affects areas traditionally handled by State law. Furthermore, few prosecutions have been initiated under the law and only one death sentence has been imposed, indicating that the law will have little effect on the drug problem. Footnotes