On
this date, 24 April 1996, The Antiterrorism and Effective Death Penalty Act of
1996 was signed into law. I got the information from Wikipedia and I will name
eight terrorists who were executed for terrorism activities. I hope that we can
put all terrorists to death for they have caused the death of many innocent
lives.
Full
title
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An Act To
deter terrorism, provide justice for victims, provide for an effective death
penalty, and for other purposes.
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Acronym
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AEDPA
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Citations
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Public
Law
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Stat.
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110 Stat. 1214
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United States Supreme Court cases
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Felker
v. Turpin,
518 U.S. 651 (1997)
Rice v. Collins, 546 U.S. 333 (2006) Jimenez v. Quarterman, 555 U.S. 113 (2009) |
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The
Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No.
104-132, 110 Stat. 1214, (also known as AEDPA) is an act of Congress
signed into law on April 24, 1996. The bill was introduced by former Senate
Majority Leader Bob Dole, passed with broad bipartisan support by Congress
(91-8-1 in the United States Senate, 293-133-7 in the House of Representatives)
following the 1990s World Trade Center and Oklahoma City bombings, and signed
into law by President Bill Clinton.
Habeas corpus
The
AEDPA had a tremendous impact on the law of habeas
corpus in the United States. One provision of the AEDPA limits the
power of federal judges to grant relief unless the state court's adjudication
of the claim resulted in a decision that was
1.
contrary to, or involved an unreasonable application of clearly established
federal law as determined by the Supreme
Court of the United States; or
2.
based on an unreasonable determination of the facts in light of the evidence
presented in the state court proceeding.
In
addition to the modifications that pertain to all habeas cases, AEDPA enacted
special review provisions for capital cases from states that enacted quality
controls for the performance of counsel in the state courts in the
post-conviction phase. States that enacted these quality controls would see
strict time limitations enforced against their death-row inmates in federal
habeas proceedings coupled with extremely deferential review to the
determinations of their courts regarding issues of federal law. Only Arizona
has qualified for these additional provisions yet, but it has not been able to
take advantage of them because it has not followed its own quality control
procedures. More states may qualify for these additional provisions in the
future because in 2005 Congress took the power to determine whether a state had
qualified away from the federal courts and gave it to the Attorney General.
Other
provisions of the AEDPA created entirely new statutory law. For example, before
AEDPA the judicially created abuse-of-the-writ doctrine restricted the
presentation of new claims through subsequent habeas petitions. The AEDPA
replaced this doctrine with an absolute bar on second or successive petitions.
Petitioners who attempted to bring claims in federal habeas proceedings that
have already been decided in a previous habeas petition would find those claims
barred. Additionally, petitioners who had already filed a federal habeas
petition were required to first secure authorization from the appropriate
federal court of appeals. Furthermore, AEDPA took away from the Supreme Court
the power to review a court of appeals's denial of that permission, thus
placing final authority for the filing of second petitions in the hands of the
federal courts of appeals.
History
The
bill was introduced by former Senate Majority Leader Bob Dole, passed with
broad bipartisan support by Congress (91-8-1 in the United States Senate,
293-133-7 in the House of Representatives) following the 1993
World Trade Center bombing and the 1995 Oklahoma City
bombing, and signed into law by President Bill Clinton on April 24,
1996.
Soon
after it was enacted, AEDPA endured a critical test in the Supreme Court. The
basis of the challenge was that the provisions limiting the ability of persons
to file successive habeas petitions violated Article I, Section 9, Clause 2 of the
US Constitution, the Suspension Clause. The Supreme Court held unanimously in Felker
v. Turpin, 518 U.S. 651 (1997), that these limitations did not
unconstitutionally suspend the writ.
In
2005, the United States Ninth Circuit indicated that it was willing to consider
a challenge to the constitutionality of AEDPA on separation of powers grounds
under City of Boerne v. Flores and Marbury v. Madison, but has
since decided that the issue had been settled by circuit precedent.
Reception
While
the act has several titles and provisions, the majority of criticism stems from
the act's tightening of habeas corpus laws. Those in favor of the bill say that
the act prevents those convicted of crimes from "thwart[ing] justice and
avoid[ing] just punishment by filing frivolous appeals for years on end,"
while critics argue that the inability to make multiple appeals increases the
risk of an innocent person being killed.
1.
Timothy McVeigh A.K.A Timothy James
"Tim" McVeigh (April 23, 1968 – June
11, 2001) was an American terrorist who detonated a truck bomb in front of the Alfred
P. Murrah Federal Building in Oklahoma City on April 19, 1995. Commonly
referred to as the Oklahoma City Bombing, the attack killed 168 people and
injured over 800. It was the deadliest act of terrorism within the United
States prior to the September 11, 2001 terrorist attacks. As of 2013, the
bombing remains the deadliest act of domestic terrorism in United States
history. McVeigh,
a militia movement sympathizer and Persian Gulf War veteran, sought revenge
against the federal government for their handling of the Waco Siege, which
ended in the deaths of 76 people exactly two years prior to the bombing, as
well as for the Ruby Ridge incident in 1992. McVeigh hoped to inspire a revolt
against what he considered to be a tyrannical federal government. He was convicted
of eleven federal offenses and sentenced to death. His execution took place on
June 11, 2001 at the Federal Correctional Complex in Terre Haute, Indiana. Terry
Nichols and Michael Fortier were also convicted as conspirators in the plot.
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Timothy McVeigh
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2 to 4. Amrozi A.K.A the Smiling Assassin was executed together with Imam Samudra and Ali Ghufron Mukhlas by firing squad in Nusa
Kambangan Island, Indonesia. They were involved in the 2002 Bail Bombings.
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| From left to right: Ali Ghufron Mukhlas, Imam Samudra & Amrozi |
5.
The D.C. Sniper, John Allen Muhammad was executed by
lethal injection at Greensville Correctional Center in Jarratt, Virginia on 10
November 2009. He went on a spree killing and had killed more than 10 people.
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John Allen Muhammad
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6. Hamam El-Kamouny was executed by hanging in Egypt on a Monday morning (10 October 2011). He was put to death for the 7 January 2010 Nag Hammadi massacre where he killed six Christians and a Muslim.
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Hamam El-Kamouny
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7.
Ajmal Amir Kasab the Lashkar-e-Taiba
terrorist, was executed by hanging in the
high-security Yerwada Jail in Pune, India on Wednesday 21 November at 7:30am.
He was involved in the 2008 Mumbai Attacks that claimed 164 lives.
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Ajmal
Amir Kasab
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8.
Mohammad Afzal Guru (died 9 February 2013) was a convict in the December
2001 attack on the Indian Parliament, who was sentenced to death by
a special Prevention of Terrorism Act Court in 2002. The Delhi High Court
confirmed the judgment in 2003 and his appeal was rejected by the Supreme Court
of India in 2005. The sentence was scheduled to be carried out on 20 October
2006, but Afzal was given a stay of execution and remained on death row. On 3
February 2013, his mercy petition was rejected by the President of India Pranab
Mukherjee. He was hanged at Delhi's Tihar Jail around 08:00 am on 9
February 2013.
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