The Washington Times on why Muhammad and Malvo should be prosecuted “anywhere but Maryland.” It comes down to the death penalty. As I noted last week, it is basically a dead-letter in Maryland. In fact, currently there is a moratorium on the death penalty here. Democratic gubernatorial candidate Kathleen Kennedy Townsend was a prime-mover for the moratorium, although she is now saying that the death penalty is a “no-brainer” in Muhammad’s case. Moreover, moratorium or not, Maryland cannot execute Malvo because he is under 18. And, as the Times explains, it is far from clear that it can execute Muhammad because, believe it or not, his crimes may not be sufficiently “aggravated” to meet the limited conditions under which the death sentence can be imposed in ultra-liberal Maryland. “No-brainer,” indeed.
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