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Biden Has 65 Days Left in Office. Here’s What He Can Do on Criminal Justice.

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Judicial appointments and the death penalty are among areas where a lame-duck administration can still leave a mark. Donald Trump’s second presidential term will begin on Jan. 20, bringing with it promises to dramatically reshape many aspects of the criminal justice system. The U.S. Senate — with its authority over confirming judicial nominees — will also shift from Democratic to Republican control.
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USA | Dustin Higgs Federal Execution Hits Roadblock as Judge Says Court Can’t Revise Order

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A Maryland federal court stated it cannot direct an upcoming execution to be carried out in the government’s Indiana death chamber, adding a new hurdle to the Trump administration’s plans to execute 3 inmates before Inauguration Day.

In the December 29, 2020 ruling, the Maryland federal district court stated it lacks authority to revise a final judgment and order against the backdrop of a federal law which requires federal executions to be carried out under the law of the state in which the defendant was sentenced.

Maryland, where a federal jury returned a death sentence against Dustin Higgs in 2000, abolished capital punishment in 2013. That led the government to ask the court to amend its prior judgment and order and direct that Higgs be executed in Indiana, under Indiana law. His execution is set for January 15, 2021, 5 days before the inauguration of President-elect Joe Biden, who has stated his opposition to capital punishment.

“Higgs merits little compassion. He received a fair trial and was convicted and sentenced to death by a unanimous jury for a despicable crime,” the court wrote. “That said, the Court believes it lacks the authority to do as the Government asks and will deny the Government’s motion.”

The issue of how to apply the law governing federal executions in instances where the sentence was imposed in a state that abolished capital punishment “has not been teed up this clearly before,” Higgs’ lawyer said.

In the ruling, the court took issue with the timing of the scheduled execution. “It is not lost on the Court that this execution is scheduled to occur just 5 days before the inauguration of a new president who has stated his opposition to capital punishment.” 

Higgs is set to be the fifth and final federal inmate to be executed in the waning days of the current administration.

Higgs, who tested positive for Covid-19 earlier this month, is also challenging his execution in a separate case pending in Washington, arguing his diagnosis should bar his execution on cruel and unusual punishment grounds.

The case is United States v. Higgs, No. PJM 98-520 (D. Md. Dec. 29, 2020).

Source: fd.org, Staff, December 31, 2020


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"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde
Location: Terre Haute, IN, USA
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