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Originally Posted by senor rubirosa  This is a reality worth pointing to, as is the contrary position of the federal government, 36 states, and the citizenry itself. |
Depends which citizenry of course. Some states are so vehemently anti-death penalty that they have actually stated in principle, that they will not cooperate with the federal government in cases where the death penalty may be at issue. The federal government would have to sue the state government should the state government (or any county/municipality) be holding a defendant in a federal case where the death penalty may occur. In such cases the federal government would either have to take the prisoner through military force or sue the state in court to force custody.
In some cases, defendants who have allegedly committed crimes in multiple states, are apprehended in a non-death penalty state and the non-death penalty state refuses extradition to the pro-death penalty state. They essentially tell the pro-death penalty state, "When his life term expires we'll be happy to extradite him," or they work out a deal (similar to the one we're discussing here).
Perhaps this will help illuminate just how polarizing the death penalty issue, along with many others, is here in the US. States are not counties, parishes, provinces, or anything like that. They are nearly autonomous entities with their own laws and procedures. One state has a unicameral legislature. Two states aren't states at all but commonwealths. One state doesn't even have a system of common law. They all have their own highly unique constitutions which drastically reflect their view on what constitutes a good government. They have their own military forces too. The closest thing I can imagine it approximates is the situation with Scotland within the UK as it is now under devolution. It's actually fairly remarkable we've only had one serious attempt at secession though there are growing secessionist movements in various states.
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Actually, while the origins of poutine are a bit murky, many authorities say it was coagulated, um, no ... created, yes, created ... in Quebec.
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I love Montreal but I would never want to live there.
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(Is the municipal level relevant, though?)
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Yes and no (hehe). Some states allow local prosecutors to choose to pursue a death penalty case at their discretion, but only in states which allow the death penalty. However, some states have laws which force prosecutors to seek the death penalty for certain kinds of murders. That means, in some states, that a murder conducted for a certain motive might result in a death penalty case while the exact same murder conducted the next county or town over, might not result in a death penalty case.
Much may also depend on the jury. In some states, it is the jury which decides if the death penalty is applicable and then, sometimes that determination requires a separate trial. In other states it is the presiding judge who decides whether the death penalty should be applied. In other states, neither judge nor jury has any discretion.
It's a bit complicated.