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"U.S. May Permit 9/11 Guilty Pleas in Capital Cases"

By Douglas A. Berman

The title of this post is the headline of this article in today's New York Times. Here are a few highlights from an article that highlights the fascinating interplay of capital punishment and plea practicies: The Obama administration is considering a change in the law for the military commissions at the prison at Guantánamo Bay, Cuba, that would clear the way for detainees facing the death penalty to plead guilty without a full trial. The provision could permit military prosecutors to avoid airing the details of brutal interrogation techniques.  It could also allow the five detainees who have been charged with the Sept. 11 attacks to achieve their stated goal of pleading guilty to gain what they have called martyrdom. The proposal, in a draft of legislation that would be submitted to Congress, has not been publicly disclosed...continue to full post

Full post as published by Sentencing Law and Policy on June 06, 2009 (boomark / email).