Is the Death Penalty Possible in Federal Murder Cases? Chris Combs and Andrew Russek of Combs Waterkotte discuss how the death penalty comes into play for federal murder cases.
Interview Transcript
Scott Michael Dunn: Is the death penalty possible in a federal murder case?
Chris Combs: It is. You don’t see the death penalty a lot in Missouri, in state or federal court.
There have to be some very serious aggravating circumstances before the death penalty’s on the table, and I’ll let Andrew speak to that as well.
Andrew Russek: There are aggravators that they have to find: So, kill for hire again. That will– that can invoke the death penalty. Torture, really malicious things, separate from just a gunfight that results in a death.
The federal government, specifically, there’s a political element to it, too. They have to go to DC and get approval to seek the death penalty for their cases. And sometimes that can change things, just whether or not that’s worth it to them.
But it’s definitely on the table, no matter what state you happen to be in, if it’s federal government.
Scott Michael Dunn: Do you have any caseload right now? Do you have any active cases that would pique interest in a federal murder or homicide?
Andrew Russek: We do not have any active cases where they’re seeking the death penalty. As Chris said, it’s just not as common in this day and age.
We do have cases in state and federal court where technically, it’s something the prosecutor could try and do, but again, it’s quite rare where a prosecutor actually decides, “I’m gonna seek the death penalty.”
More often, you see it as a veiled threat from the prosecutor that maybe they’ll go do it someday if you don’t cooperate or that you can’t work something out.
If you’re facing federal charges and need an expert criminal defense lawyer, contact Combs Waterkotte today at (314) 900-HELP or reach out online for a free, confidential case review. We will fight for your rights and freedom.
