QUESTION
Can a non-US citizen convicted of murder be given the death penalty?
Asked on Apr 26th, 2011 on Criminal Law - California
More details to this question:
Can a non-US citizen convicted of murder be given the death penalty? Why won't they just deport that person?
18 ANSWERS
Yes.
Answered on Jun 11th, 2013 at 12:14 AM
Criminal Law Attorney serving San Jose, CA
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Dennis William Smith
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Yes.
Answered on Jun 11th, 2013 at 12:10 AM
Yes, he/she can be given the death penalty. He/She will not "just be deported" because a deported person is not subject to any punishment other than being sent back home.
Answered on Jun 13th, 2011 at 5:00 PM
Yes you are subject to all the laws as long as you are here.
Answered on Apr 29th, 2011 at 11:40 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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The status of a felon's citizenship has nothing to do with whether or not they are eligible for the death penalty. In my state, Michigan, there is no death penalty so it is a non-issue.
Answered on Apr 28th, 2011 at 4:42 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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Yes sadly a non US citizen may be executed. Frequently the other nation will seek to intervene and seek deportation.
Answered on Apr 28th, 2011 at 3:28 PM
Michigan does not have the death penalty. If they did, the answer would be yes.
Answered on Apr 28th, 2011 at 3:08 PM
Litigation Attorney serving Kalispell, MT
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Law Offices of Scott G. Hilderman PC
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Yes. While many countries will try to stop a U.S. court from sentencing a non-U.S. citizen to death because they believe that it is cruel and inhumane and a violation of international law, the U.S courts will still sentence an non-citizen to the death. The U.S. will not deport them because they will not get prosecuted in their home country.
Answered on Apr 27th, 2011 at 12:57 PM
Theodore W. Robinson
Yes, anyone can be given the death penalty if it applies to the illegal action taken against another. The don't "just deport" because then there would be no punishment to fit the crime and the only time they ever kill a convict is if they take another's life or lives and they happen to be police.
Answered on Apr 27th, 2011 at 12:56 PM
Criminal Defense Attorney serving Bloomfield Hills, MI
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Law Offices of Marshall S. Tauber
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Yes. Commission of major crimes on US Soil requires trial in US Courts.
Answered on Apr 27th, 2011 at 12:52 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Yes. Allowing him to be deported would mean he would not suffer the punishment for the crime.
Answered on Apr 27th, 2011 at 12:48 PM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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Yes, of course that person can be sentenced to death if convicted. Crimes committed in the US are subject to US jurisdiction and and laws.
Answered on Apr 27th, 2011 at 12:45 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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You've got to be kidding. Someone commits a murder so instead of beingprosecuted and getting life without parole, he gets to goback to his native land. And what happens if they catch him sneaking into the country again? A small fine?
Answered on Apr 27th, 2011 at 11:56 AM
Absolutely. As you may be aware, a lot of death row inmates are Mexican nationals.
Answered on Apr 27th, 2011 at 11:16 AM
Criminal Defense Attorney serving Birmingham, AL
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Eversole Law, LLC
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Yes, a "non-us-citizen," convicted of murder may be given the death penalty in this country. If you commit murder in this jurisdiction you may be held accountable in that jurisdiction, regardless of your country of origin. This is the same all over the world.
Answered on Apr 27th, 2011 at 11:11 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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There is no death penalty in Michigan, but for states that have it, I'm sure a non citizen would face the death penalty the same as a citizen, as they should. First degree murder is murder, and being a non-citizen should carry no special perks.
Answered on Apr 27th, 2011 at 11:04 AM
Yes- because he committed murder in the US. What kind of penalty is deportation?
Answered on Apr 27th, 2011 at 7:54 AM
If the crime happened in the USA, then the laws of the USA and courts have jurisdiction. The USA can punish that person citizenship does not really play a factor. But do note that the nation that the person is from can protest, or intervene diplomatically. Legally, their embassy should be notified that one of their citizens is being held, and told the legal basis for holding their citizen. Deportation would only happen after the non-citizen has served his punishment. If the punishment is death, then deportation is out of the question.
Answered on Apr 27th, 2011 at 7:52 AM