18 USC § 844(d) is at least one federal statute that seems to contemplate this sort of situation:
Whoever transports or receives, or attempts to transport or receive, in interstate or foreign commerce any explosive with the knowledge or intent that it will be used to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property, shall be imprisoned for not more than ten years, or fined under this title, or both; and if personal injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall be imprisoned for not more than twenty years or fined under this title, or both; and if death results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall be subject to imprisonment for any term of years, or to the death penalty or to life imprisonment.
Massachusetts does not have the death penalty, but the federal law does.
Of course, there may be other more relevant federal statutes that cover this crime that will emerge as more details come out.
Of course, there may be other more relevant federal statutes that cover this crime that will emerge as more details come out.
5 comments:
I'm not a lawyer, but... the text "transports or receives, or attempts to transport or receive" is the key...
1. this applies to those who transport or receive the explosives legally.
2. No one has said yet, what the explosives were definitively, yet...
3. They could have been manufactured, stolen, or even purchased inside Mass. state lines, making the federal statute non-valid.
However, with the advent of over-reaching federal laws, such as the "Patriot Act II", among others, this can be labeled as "Terrorism" and the perpetrator or perpetrators be "rendered" outside the United States for imprisonment, torture, and inhumane treatment without so much as a hearing, never mind a trial.
So, you see, while this Patriot Day bombing has caused a tragic incident, resulting in loss of life, dismemberment, and permanent pain to an entire nation, our federal government is also causing us pain, by continuing unconstitutional practices, from our own soil.
Once we find these cowards who planned and carried out this attack, I feel that they should be brought to court in Downtown Boston, and the sentence be carried out by the people of the Commonwealth of Massachusetts, in an attempt to gain some closure for the victims and their families.
Just to be clear, in interstate commerce does not require crossing state lines. Even if any or all of the products used to make the bomb were purchased within Massachusetts, they're likely in interstate commerce because they were undoubtedly manufactured elsewhere.
Also, it seems highly unlikely that any defendant would get a fair trial in downtown Boston with a Massachusetts jury.
I'm not a lawyer (or even American - I'm English), but wouldn't it be covered under the federal (and capital) crime of "use of a weapon of mass destruction resulting in death" - the same crime used against to indict the African embassy bombers (and Osama bin Laden)?
18 USC 2332a
"a) Offense Against a National of the United States or Within the United States.— A person who, without lawful authority, uses, threatens, or attempts or conspires to use, a weapon of mass destruction—
(1) against a national of the United States while such national is outside of the United States;
(2) against any person or property within the United States, and
(A) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense;
(B) such property is used in interstate or foreign commerce or in an activity that affects interstate or foreign commerce;
(C) any perpetrator travels in or causes another to travel in interstate or foreign commerce in furtherance of the offense; or
(D) the offense, or the results of the offense, affect interstate or foreign commerce, or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce;
(3) against any property that is owned, leased or used by the United States or by any department or agency of the United States, whether the property is within or outside of the United States; or
(4) against any property within the United States that is owned, leased, or used by a foreign government,
shall be imprisoned for any term of years or for life, and if death results, shall be punished by death or imprisoned for any term of years or for life."
The provisions relating to affecting interstate commerce have often been interpreted quite broadly (surely most bombings would affect it, and especially the present Boston lockdown), though I suppose it would be something for the defence to argue against, so perhaps a Massachusetts murder trial would be easier and cheaper.
There may be other, more suitable offences in the US Code possibly, I'm aware a lot was added under the Bush administration.
For a US citizen, you could always indict a bomber for treason if it reached the level of levying war against the United States I suppose if you wanted a capital charge, but that has a far higher evidential burden (two witnesses to each overt act) and is rarely used in the West these days when violent offences can be substituted.
Alex, that's certainly possible. I was just mentioning one of the possible charges (if the remaining suspect stays alive to face them).
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