TerrorismMississippi to add terrorism to crimes for which death penalty may be sought

Published 11 April 2013

The state of Mississippi is considering adding terrorism to the list of crimes for which the death penalty could be applied if a victim is killed during an incident. Constitutional lawyers say the law is not likely to be used much since significant acts of terrorism are typically prosecuted as federal offenses. They also say that it would not be  bad idea for the law to cover a renewal of Ku Klux Klan-style killings in the future.

Mississippi legislature has added terrorism to its list of death-penalty crimes // Source: wikipedia.org

The state of Mississippi is considering adding terrorism to the list of crimes for which the death penalty could be applied  if a victim is killed during an incident.

“The governor intends to sign the public safety measure,” Mick Bullock, the spokesman for Governor Phil Bryant told the AP.

The Natchez Democrat reports that Mississippi prosecutors have the ability to pursue the death penalty if a victim is killed in an incident in which other crimes are committed, such as rape or armed robbery, but the new law will add terrorism to that list.

Senate Bill 2223, which is expected to become a law in July, has defined terrorism as an act  committed to influence the government through intimidation, coercion, mass destruction, or assassination.

The law includes language which states that intimidation and coercion excludes “peaceful protests, boycotts and other non-violent action.”

State Senator Chris McDaniel (R-Ellisville) said the state’s definition of terrorism will mirror the federal definition.

“Lord forbid, if there were a federal prosecution and a severe enough penalty were not imposed, we’d probably want to bring our own case,” McDaniel told the Natchez Democrat.

McDaniel said he has made more than one attempt to get the law enacted  because he considers terrorism “a very real threat.”

Matt Steffey, a constitutional law professor at the Mississippi College School of Law, told the Democrat that he does not see many instances where the law would be used. Steffey also said the law could be challenged for being too vague and “may be applied in a way that is not sufficiently predictable.”

“Significant acts of terrorism are typically prosecuted as federal offenses,” Staffey stated.

Staffey said the law most likely would not apply retroactively to civil-rights era killings, but if he were writing a law, he would cover a renewal of Ku Klux Klan-style killings in the future “I’d want to make sure it covers the notable instances of terrorism in Mississippi’s history in a way that is certain to be enforceable.”

McDaniel said he would have no problem with prosecutors using the updated law for killings which are racially motivated, and that such crimes could  be considered acts of terrorism.

“Terrorism, no matter its intent, is still terrorism and should not be considered in a civilized society,” McDaniel said.

The House and Senate both passed the final version of the bill 3 April. The House vote was 113-1 and the Senate vote was 52-0.