D.A.: Death penalty out if Marine arrested in Mexico

[flashl]

Source: CNN

(CNN) -- Suspected killer Marine Cpl. Cesar Laurean is most likely in Mexico, authorities said, and the prosecutor said he has agreed not to seek the death penalty if Laurean is arrested in that country.

Onslow County, North Carolina, District Attorney Dewey Hudson told CNN that he was shown "strongly compelling evidence" compiled by federal authorities that shows Laurean is in Mexico.

Hudson said he has asked through the State Department that Laurean be arrested if he is found in Mexico. But, he said, he had "no other option" but to take the death penalty off the table if Laurean is found there.

Mexico has a longstanding record of refusing to extradite suspects to the United States if they face a possible death sentence if convicted.

CNN

Read more: http://www.cnn.com/2008/CRIME/01/21/missing.marine/

[Bobbieo]

1. That does make some sense in apprehending the suspect. BUT

if Laurean is the killer, then that was one of the most heinous crimes I have ever heard of particularly if he was the father of the unborn child!

[flashl]

2. His action highlights more than that ...

rumors circulating from Iraq that the same act has been taken against Iraqi women.

[DrDan]

3. does not mean we should turn the state into a killer as well . . .

[harmonicon]

4. yeah, I sort of agree

but, if the death penalty is given out to anyone, I can't imagine anyone more deserving than whoever committed this crime.

[DrDan]

5. I know - it sure feels good to think about it

I do everytime I hear of a child being raped or abused . . .

But - cannot base punishment for these horrific crimes on feelings. Need to rise above that.

[harmonicon]

12. yep

I realized that I'm probably completely against the death penalty when I heard bits about the latest supreme court case about lethal injection. The fact that people were openly discussing ways in which to 'properly' kill someone made me sick to my stomach, and shocked my conscience. I do think there are people who should never, under any circumstances, be allowed in human society (that includes prisons), but I could never be the person to decide who gets that punishment, or be comfortable with anyone else making the decision or actually carrying out the sentence.

[Raine1967]

6. out of curisoity...

If he is extradited, and brought to trial, shouldn't this be a military trial?



(hello everyone, I am a long time reader newbie poster.)

[flashl]

7. Its probably a jurisdiction issue, if act was not committed on military installation. n/t

Congrads on 1st post and joining the fray longtime lurker Raine1967!

[madville]

9. The military has jurisdiction over their members anywhere

They just might have to wait their turn to punish him or just let the state take care of it.

[madville]

8. He would get tried twice in two different courts

He would be tried by the civilian justice system and the UCMJ. Happens all the time really, I know of several people I have witnessed go to state prison and when they finish that sentence the state turns them over to the military to serve their other sentence or vice versa, serve the military one then the state one. The military has the death penalty so who knows if they would honor that "no death penalty" pledge.

[Raine1967]

10. This was what I was wondering.

There could potentially be 2 trials. The DA may have given him immunity from the DP, but I don't think he'll get the same from the military.

(and thank you for the welcome! )

[Sen. Walter Sobchak]

13. that would be a diplomatic incident

if the US executed an individual after winning extradition on a promise not too, there may never be another extradition from that country. The civilized world takes this pretty seriously. The courts of the extraditing state aren't going to be too interested in issues of concurrent jurisdiction.

[flashl]

11. Thanks for the info. n/t