47

No Law enforcement are allowed to use “reasonable force” to effect an arrest. They are also allowed to use reasonable force to prevent imminent harm to people or property. As described, the felon is not a danger to other people or property and a drone strike would be an ineffective means of effecting an arrest. The force used is not reasonable. Nor can the ...


21

No, not in texas anyway. I have not reviewed the other death-sentence states but assume they will follow similar procedures: Article 43.19 of the Texas Code of Criminal Procedure defines the place of execution: The execution shall take place at a location designated by the Texas Department of Criminal Justice in a room arranged for that purpose. Although ...


12

There is a special case to consider which you probably didn't have in mind but which may be relevant anyway. American citizens have been killed by targeted drone strikes. The government reasoned that they were combatants in an armed conflict with the United States. This designation as well as the decision to eliminate the target is made by the executive ...


11

While this is difficult without a specific state, as states are responsible for criminal law, 18 U.S. Code § 3596 (b) states that: (b) Pregnant Woman.— A sentence of death shall not be carried out upon a woman while she is pregnant. It is likely (though I have not checked) that States will have similar legislation in place, for example, California (Cal ...


11

I said this in a comment, but I'll put it in an answer. When France forcibly confines an American, the United States is entitled to ask France, "what the hell do you think you're doing, trying to confine our citizen in your country?" There are really just six basic answers that the United States will accept, and nothing in this scenario is specific to France ...


8

To the best of my knowledge, there never has been any US law which authorizes killing or executing someone simply because of their low intelligence or mental illness. The arguments have been over cases where people were accused and convicted of serious, even horrific, crimes, but were sufficiently low in intelligence that it was argued that they would not ...


7

In short, it is doubtful that France would arrest an executioner vacationing abroad. The concept of functional immunity relies on mutual respect of sovereigns and applies to government officials acting in their official capacities. From Wikipedia: Functional immunity arises from customary international law and treaty law and confers immunities on those ...


7

Although this question is tagged as "United States" and the accepted answer addresses the issue there, I would like to address feewet's comment "Might be interesting to address the question also to other countries with capital punishment that tend to carry out those sentences far more expeditiously than the U.S". Islamic Law forbids the execution of ...


7

Virtually nothing. Just before posting the question, I found this article and became intrigued. Jakarta: Indonesia's Constitutional Court has no power to alter the death sentences of Bali nine organisers Myuran Sukumaran and Andrew Chan or make any ruling on their case, says Indonesian law expert Tim Lindsey. Instead, lawyers for the two men hope Indonesian ...


5

The Human Rights Watch published a report on children in Saudi Arabia's justice system("Arbitrary procedures for determining age of majority in criminal cases"): Judicial opinions on when a child can be tried as an adult vary widely, and frequently depend on measures of children’s physical development, contrary to international standards, which call upon ...


5

Treason, per se, is probably not a valid reason to shoot someone on the spot given how that crime is defined in the U.S. Constitution. But, keep in mind that in Arrival the situation has been defined as a military operation. As a result, the relevant body of law would be the law pertaining to actions that a military officer may take to carry out a mission ...


5

If the escaped convict is reasonably capable of being arrested without the use of deadly force, then as mentioned above, the use of a drone to apply deadly force would be excessive force. This could result in judgments against the agencies and individuals responsible for the use of excessive force. Just because the escapee is sentenced to death doesn't ...


5

Additional NO: While the Federal Government does retain the death penalty, it is rarely used and since Gregg v. Georgia, only sixteen people have been put to death by the Feds. All have been by lethal injection. The vast majority of Post-Gregg executions are done by state governments. The U.S. Military has not used the death penalty since 1961. Since its ...


4

There is one immediate reason why France wouldn't arrest a US executioner; that executioner hasn't committed any crime in France. France doesn't give speeding tickets to people who were speeding in the USA, they don't arrest thieves who steal in the USA, they don't even try murderers who murdered in the USA. In addition, it is doubtful that an executioner ...


4

I assume this took place in Washington state. There are a number of self-defense provisions in Washington law. The first, RCW 9A.16.110, is primarily about reimbursements for prosecutions of acts of self-defense, but includes an applicable limit on prosecution: No person in the state shall be placed in legal jeopardy of any kind whatsoever for ...


4

Florida law (§922.11) does provide that The body of the executed person shall be delivered to the medical examiner for an autopsy. After completion of the autopsy, the body shall be prepared for burial and, if requested, released to relatives of the deceased. If a coffin has not been provided by relatives, the body shall be delivered in a plain coffin. If ...


4

The answer to the titular question is, "Yes, and it need not even be a treasonous phone call." In the United States anyone can be justified in using lethal force if they can establish that, in the moment, it was reasonably necessary to prevent imminent, grievous, and unlawful bodily harm to themselves or to another person. (The italicized terms may vary by ...


4

Because taking every option to appeal the execution takes so long. You get put in death row after the first sentence. However you still have the option to appeal the sentence (using an attorney as a go between) which will delay the execution during the appeal process. Only if you don't decide to appeal will the sentence be carried out swiftly. But not ...


3

The poem "Half-Hanged Mary" (1995) by Margret Atwood purports to recount the application of such a law in the 1680s to Mary Reeve Webster of Hadley, Massachusetts, who is one of Atwood's ancestors. Cotton Mather (the son of the then President of Harvard University and a strong advocate of the Salem witch trials) recounted this case more or less ...


3

No. There is no legal mechanism by which this could happen.


2

The charges you discuss would almost surely be brought in federal court, rather than in state court. This would probably mean a trial in one of the U.S. District Courts in Tennessee while being held in a country jail pursuant to a contract with the local jail from the federal government. Upon conviction, the individual would be sent, in all likelihood, to ...


2

Obviously, a woman would not be executed while pregnant, but Title 18 U.S. Code § 3596 (b) does not make mention of further procedures to ensure the woman's life. This leads one to believe that the legal connotation is that the woman would be executed after giving birth, or that state would enforce an abortion. In any case, the code states that once proof of ...


1

I would contact the county court clerk's office and make the request, as they normally will have duties that would include filing transcripts and other court paperwork. If they don't have it in an archive they own, they would certainly know who does if for no other reason then they would have to send modern cases to them. I would also check the State ...


1

There is no statutory provision in the Penal Code saying how the deal penalty is to be imposed. There is little by say of specification of the method in Sharia, except that stoning for adultery is mentioned in the Hadith (Sahih Muslim Book 17 Hadith 4194, 4191).


1

Do you have to accept death if you are sentenced to death or can you defend your life? At this point the legal system has already decided you are going to die. I'm not quite sure what good it would do to worry about whether anything you do is legal. It's not like they can execute you twice. In the 1998 case State v. Hobson, the Wisconson Supreme Court ...


1

Before you get to international law issues, it is uncommon for a state to have a law against murder that applies outside of the state's territory. For example, in 2003 it was alleged that a US citizen (Tina Watson) was murdered by another US citizen in Australia. In order to try the alleged offender in the United States (specifically in Alabama), the ...


1

I can find no reference to a law. Quite a few to occasions where a death sentence was commuted to life imprisonment or transportation, even to release at the discretion of the court, not as a legal right. One or two where the convict was returned for a later attempt at execution, presumably successful. So, nice idea, but almost certainly not true.


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