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In 16 of the last 17 federal capital prosecutions, Judge Wolf wrote, juries rejected the death penalty.
Last week, legislators passed a measure calling for a bipartisan commission to examine the cost, fairness and effects of capital prosecutions.
"It's a dangerous game the Department of Justice is playing here," he said, adding that the failed capital prosecutions were a poor use of resources and damaged prosecutors' credibility.
"There is a possibility that the terrorism law might open the door to all sorts of capital prosecutions we did not intend," said Mr. Almand, a supporter of Virginia's capital punishment laws.
Kenneth McClintock, a Puerto Rican senator and a member of the opposition New Progressive Party, said that accepting federal capital prosecutions was a price of association with the mainland.
That agency, which provides information to defense lawyers in capital cases, said that Mr. Ashcroft had approved capital prosecutions against 100 people, including 39 cases in which federal prosecutors had not asked for approval to seek the death penalty.
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Away from the capital, prosecution of the war flagged.
There are horribly heinous rapes and murders all the time that escape capital prosecution.
My first direct encounter with a capital prosecution came in 1991.
The Justice Department has been sketchy in explaining the standards Mr. Ashcroft uses when he insists on a capital prosecution.
Nikki Haley, the governor of South Carolina, told NBC News on Friday that she wanted Roof to face a capital prosecution.
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