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Will (local?) killer in Vermont challenge his federal capital prosecution?

By Douglas A. Berman

I blog here yesterday about the decision by the Justice Department will to pursue federal death penalty charges against Michael Jacques, a Vermont sex offender accused of an awful rape/murder crime.  This updated local story about the case provides some useful additional information and commentary about the interesting federalism issues that the case raises: Vermont does not have the death penalty, but Jacques is being charged under federal law because he allegedly used the Internet to both plan for and cover up the crime, according to police.  Because of that, the crime is considered to have crossed state borders, opening it up for federal prosecution. This would be the third death penalty case in Vermont since the late 1990s.  A 1998 case involving a fatal bombing in Fair Haven had a death sentence attached, but the defendant later pleaded down for a life sentence in prison...continue to full post

Full post as published by Sentencing Law and Policy on August 26, 2009 (boomark / email).