Can a non-US citizen convicted of murder be given the death penalty? 40 Answers as of June 11, 2013

Can a non-US citizen convicted of murder be given the death penalty? Why won't they just deport that person?

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Clifford Clendenin & O'Hale, LLP
Clifford Clendenin & O'Hale, LLP | Locke T. Clifford
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.
Answer Applies to: North Carolina
Replied: 6/13/2011
Law Office of Jonathan T. Sarre
Law Office of Jonathan T. Sarre | Jonathan T. Sarre
Yes, unfortunately, US states with the death penalty will execute citizens and non-citizens alike. This is a reason that many nations will not extradite (forcibly return) people to the US if they are potentially facing execution.
Answer Applies to: Oregon
Replied: 5/2/2011
Andersen Law PLLC
Andersen Law PLLC | Craig Andersen
Absolutely they can. If the alien commits a crime involving aggravated murder or another death penalty crime, deportation would not be a fitting punishment. One's nationality means nothing when it comes to sentencing for crimes against the U.S. Deportation would be a slap on the hand and the murder would not pay for his or her crime. That won't happen. That is why it is very important to know and obey the laws of the host country. For example, if you steal in Ireland, you might face a fine. If you steal and Saudi Arabia, they cut off your hand. Know the laws before moving into another country.
Answer Applies to: Washington
Replied: 5/2/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Yes you are subject to all the laws as long as you are here.
Answer Applies to: California
Replied: 4/29/2011
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
Yes a non-citizen can be given the death penalty. They won't deport them because the county they came from is not likely to make them pay for the crime.
Answer Applies to: Nebraska
Replied: 4/29/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    This response is general information only and does not establish an attorney client relationship. However NY no longer enforces the death penalty. However if all the criteria for enforcing the death penalty are met, then in theory NY could enforce it against a non citizen. Prosecutors have the discretion to seek or not seek the death penalty if all criteria are met. You should hire an attorney.
    Answer Applies to: New York
    Replied: 4/29/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Anyone who commits a crime in New York State can be prosecuted whether they are a citizen or not. New York no longer has the death penalty. The sentence can be life without parole for Murder in the First Degree or 25 to life for Murder in the Second Degree. The minimum is 15 to life for Murder in the Second Degree which is intentional murder.
    Answer Applies to: New York
    Replied: 4/28/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Yes, even if international law is to the contrary or if his country of origin doesn't allow it. The law doesn't recognize deportation as a punishment.
    Answer Applies to: California
    Replied: 4/28/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Murder is the most serious crime a person can be charged with. In Illinois, there is no death penalty anymore, but sentences in prison range from 20 years to life without parole. The authorities here will certainly want to incarcerate this individual for at least 20 years, probably more. Deportation would occur if the person is not convicted, or if he is released in the future from prison.
    Answer Applies to: Illinois
    Replied: 4/29/2011
    Law Offices of Dennis Smith
    Law Offices of Dennis Smith | Dennis William Smith
    Yes.
    Answer Applies to: California
    Replied: 6/11/2013
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    4-27-11 Any person, regardless of whether they are a U.S. citizen or not, who is convicted of committing a capital murder, within the state that has the death penalty as a possible punishment, could receive a death sentence and be executed.
    Answer Applies to: Alabama
    Replied: 4/29/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    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.
    Answer Applies to: Michigan
    Replied: 4/28/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    I am unaware of a reason to avoid the death penalty under your fact scenario, but there could exist a treaty with the home country, potentially. I am just unaware of any. If the individual is convicted of capital murder, then the individual is subject to the death penalty. I know of no basis to avoid it. Having said that, the death penalty is far from automatic, and the jury has weight in the recommendation for life vs death. Stay well.
    Answer Applies to: Alabama
    Replied: 4/28/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Yes , a non-citizen can be sentenced to death. The system wants to punish the person.
    Answer Applies to: California
    Replied: 4/28/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    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.
    Answer Applies to: Louisiana
    Replied: 4/27/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    A criminal act committed in the United States is subject to the laws of the State and/or the local having jurisdiction over the defendant. A non citizen will be subject to the same laws as a citizen. For many felony offenses, after the sentence imposed has been served, the non citizen can be deported.
    Answer Applies to: Kansas
    Replied: 4/27/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Yes. Allowing him to be deported would mean he would not suffer the punishment for the crime.
    Answer Applies to: California
    Replied: 4/27/2011
    Law Offices of Marshall Tauber
    Law Offices of Marshall Tauber | Marshall Tauber
    Yes. Commission of major crimes on US Soil requires trial in US Courts.
    Answer Applies to: Michigan
    Replied: 4/27/2011
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    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.
    Answer Applies to: Montana
    Replied: 4/27/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | 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.
    Answer Applies to: New York
    Replied: 4/27/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Yes the death penalty can be imposed. The reason they won't "just deport" is that deportation is an immigration issue. Murder is a criminal issue. These two things are not related.
    Answer Applies to: Texas
    Replied: 4/27/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    On a homicide charge, deportation would only occur after a jail sentence is executed. A non-citizen may be sentenced consistent with the death penalty in those states that have the death penalty.
    Answer Applies to: Minnesota
    Replied: 4/27/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Anyone, including people of foreign nations, can be tried, convicted, and sentenced, if a jury finds that that person has violated the criminal laws of this country. There are many reasons why such a person might be prosecuted, and not merely deported. For instance, in some cases, restitution might be sufficient justification. Also, if the person is merely deported, they might not face sufficient punishment in their own country and it would be unfair to the victim or victim's family for that person to "get away with it." I hope this gives you some of the reasons why a foreign person who commits a crime here might be prosecuted and not merely deported.
    Answer Applies to: Georgia
    Replied: 4/28/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    Yes sadly a non US citizen may be executed. Frequently the other nation will seek to intervene and seek deportation.
    Answer Applies to: New Hampshire
    Replied: 4/28/2011
    Law Office of Martin Blank
    Law Office of Martin Blank | Martin E. Blank
    Michigan does not have the death penalty. If they did, the answer would be yes.
    Answer Applies to: Michigan
    Replied: 4/28/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    Yes, of course, a non-citizen can face the death penalty. If you have a relative facing any sort of charge that could possibly result in the death penalty I urge you to seek a criminal defense lawyer's representation right now. I think deporting people charged with very serious crimes could be considered to be letting offenders off "too easily."
    Answer Applies to: Georgia
    Replied: 4/28/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Yes.
    Answer Applies to: Michigan
    Replied: 6/11/2013
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    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?
    Answer Applies to: California
    Replied: 4/27/2011
    Law Office of Thomas J. Ogas
    Law Office of Thomas J. Ogas | Thomas Ogas
    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.
    Answer Applies to: California
    Replied: 4/27/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    Yes- because he committed murder in the US. What kind of penalty is deportation?
    Answer Applies to: California
    Replied: 4/27/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Absolutely. As you may be aware, a lot of death row inmates are Mexican nationals.
    Answer Applies to: California
    Replied: 4/27/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Yes. They will not let them just leave.
    Answer Applies to: Alabama
    Replied: 4/27/2011
    Eversole Law, LLC
    Eversole Law, LLC | Steven Eversole
    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.
    Answer Applies to: Alabama
    Replied: 4/27/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Yes.
    Answer Applies to: Georgia
    Replied: 6/11/2013
    Lisa Mulligan Law Offices, LLC
    Lisa Mulligan Law Offices, LLC | Lisa Mulligan
    Unfortunately, yes. If the State seeks the death penalty (after a conviction for "aggravated murder," in our state) and a jury imposes it, a non-citizen will remain in the US and not be deported. In my opinion, it is not only ethically wrong, but also an enormous waste of precious resources.
    Answer Applies to: Washington
    Replied: 4/27/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    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.
    Answer Applies to: Michigan
    Replied: 4/27/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Yes, a noncitizen could be sentenced to death, and a Google search will turn up some instances where it has actually happened. I have been involved in a few cases where a person was deported before serving a complete prison term, but those cases are rare and require a judge reducing the sentence, or, in one case, the Governor. Permitting a person to avoid execution by being deported would thwart the purposes behind the death penalty, and it's not unusual for a deported person to return.
    Answer Applies to: Oregon
    Replied: 4/27/2011
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