Washington: President-elect Joe Biden is against the death penalty and will work to end its use, his spokesman said Saturday, as the Justice Department scheduled three more federal executions before the Jan. 20 inauguration, including two shortly before he is set to take office.
The Bureau of Prisons on Thursday carried out the eighth federal execution this year, after a 17-year hiatus, and it is likely to increase pressure on Biden to decide whether his administration would continue to schedule executions once he is sworn in. Advocacy groups have called on the Trump administration to pause all executions until Biden takes office.
Biden opposes the death penalty now and in the future, press secretary TJ Ducklo said. He did not say whether executions would be paused immediately once Biden takes office.
Federal executions resumed this year despite the coronavirus pandemic that has killed more than 250,000 people and is raging inside the nation's prison systems. This year, the Justice Department has put to death more people than during the previous half-century, despite waning public support from both Democrats and Republicans for its use.
In a court filing Friday night, the department said it was scheduling the executions of Alfred Bourgeois for Dec. 11 and Cory Johnson and Dustin Higgs for Jan. 14 and 15. Two other executions had been scheduled for this year, including the first woman set to be executed by the federal government in about six decades. But on Thursday, a federal judge ruled that execution could not proceed before the end of the year.
Prosecutors say Bourgeois tortured, sexually molested, and then beat to death his 2 1/2-year-old daughters to death.
Johnson was one of three crack cocaine dealers convicted in a string of murders. Prosecutors said he killed seven people in an attempt to expand the territory of a Richmond, Virginia, gang and silence informants. His co-defendants, members of the same drug gang, are also on death row.
Johnson's lawyers argue their client is intellectually disabled, and thus it would be unconstitutional to put him to death. The Supreme Court has held that it is unlawful to execute a person who is of such low intelligence that they can't function in society.
His lawyers say "no jury or court has ever listened to the evidence at a hearing to decide if he has an intellectual disability. Higgs was convicted of ordering the 1996 murders of three women at a federal wildlife center near Beltsville, Maryland. Prosecutors say Higgs and two others abducted the women after Higgs became enraged because one of the women rebuffed his advances at the party.
Higgs' attorney, Sean Nolan, said his client didn't kill anyone, had ineffective attorneys, and didn't deserve the death penalty.
Higgs' co-defendant, who prosecutors said carried out the killings, was not sentenced to death and Nolan said it is arbitrary and inequitable to punish Mr. Higgs more severely than the person who committed the murders.
All three men are Black, as were those who were recently executed. One upcoming execution has been placed on hold, in part because the death row inmate's lawyers got coronavirus.
When executions resumed this year, the death-row inmates chosen were all white. Critics have argued that executing white inmates first was a political calculation in a nation embroiled in racial bias concerns involving the criminal justice system.
A September report by the Washington, D.C.-based Death Penalty Information Center said Black people remain overrepresented on death rows, including federal death row.
The organization's database shows that 25 of 55 federal death row inmates (46%) are Black, while Blacks make up only about 13% of the U.S. population. (
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New Delhi (PTI): A Delhi court has sentenced Haryana gangster Vikas Gulia and his associate to life imprisonment under MCOCA provisions, but refused the death penalty saying the offences did not fall under the category of 'rarest of the rare cases'.
Additional Sessions Judge Vandana Jain sentenced Gulia and Dhirpal alias Kana to rigorous imprisonment for life under Section 3 (punishment for organised crime) of the Maharashtra Control of Organised Crime Act (MCOCA).
In an order dated December 13, the judge said, "Death sentence can only be awarded in 'rarest of the rare cases' wherein the murder is committed in an extremely inhumane, barbarous, grotesque or dastardly manner as to arouse umbrage of the community at large."
The judge said that on weighing the aggravating and mitigating circumstances, it could be concluded that the present case did not fall under the category, and so, the death penalty could not be imposed upon the convicts.
"Thus, both the convicts are sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs 3 lakh each, for committing the offence under Section 3 of MCOCA," she said.
The public prosecutor, seeking the death penalty for both the accused, submitted that they were involved in several unlawful activities while they were on bail in other cases.
He argued that the accused had shown no respect for the law and acted without any fear of legal consequences, and therefore did not deserve any leniency from the court.
The court noted that both convicts were involved in offences of murder, attempt to murder, extortion, robbery, house trespass, and criminal intimidation. Besides, they had misused the liberty of interim bail granted to them by absconding.
It said, "The terror of the convicts was such that it created fear psychosis in the mind of the general public, and they lost complete faith in the law enforcement agencies and chose to accede to the illegal demands of convicts. Despite suffering losses, they could not gather the courage to depose against them."
The court noted that Gulia was involved in at least 18 criminal cases, while Dhirpal had links to 10 serious offences.
It underlined that MCOCA had been enacted "keeping in view the fact that organised crime had come up as a serious threat to society, as it knew no territorial boundaries and is fuelled by illegal wealth generated by committing the offence of extortion, contract killings, kidnapping for ransom, collection of protection money, murder, etc."
Both accused persons had been convicted on December 10 in a case registered at Najafgarh police station. The police filed a chargesheet under Section 3 (punishment for organised crime) and 4 (punishment for possessing unaccountable wealth on behalf of member of organised crime syndicate) of MCOCA.
