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To: E who wrote (16272)	7/1/2002 11:10:33 AM
From: Constant Reader	Read Replies (2) of 21057

Judge Finds Federal Executions Unconstitutional Mon Jul 1,10:52 AM ET NEW YORK (Reuters) - A federal trial judge on Monday became the first U.S. judge to declare the current federal death penalty unconstitutional, a ruling that is sure to set off fierce national debate over the issue. U.S. District Judge Rakoff said the federal death penalty act "deprives innocent people of a significant opportunity to prove their innocence" and "creates an undue risk of executing innocent people," thereby violating due process. Legal scholars believe he is the first judge to declare the current federal death penalty law unconstitutional since it was enacted in 1994. The ruling is expected to be appealed, but if it is upheld by the U.S. 2nd Circuit Court of Appeals, it could stop federal executions in New York, Connecticut and Vermont. It would have no effect on cases in state courts in the 38 states that have capital punishment. The judge, who sits in Manhattan federal court, cited academic research on death row inmates who had been wrongfully convicted when he issued a preliminary finding on April 25 that federal executions are unconstitutional.

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