The fact that innocent people have been sentenced to die does not render the Federal Death Penalty Act unconstitutional, the 2nd U.S. Circuit Court of Appeals said Tuesday. In overturning a New York district court ruling, the 2nd Circuit said the U.S. Supreme Court has already settled the question of whether the application of the death penalty violates the Due Process Clause of the Fifth Amendment.
2nd Circuit Upholds Federal Death Penalty
New York Law Journal
December 11, 2002