r/NoStupidQuestions • u/Glittery_WarlockWho • 24d ago

Why is Luigi Mangione potentially facing the death penalty for the murder of one person when other murderers with similar crimes get jain time?

Please no snarky comments of 'you know why' , 'it's because the guy was rich' etc... There HAS to be a reason why his crime is getting sentenced so heavily that doesn't have to do with the net worth of his victim, or at least I hope there is.

In my city, a drunk driver kills two people in a car and he's sentenced to jail for 20 years and gets out in 12 for good behaviour.

Luigi kills one man and is facing the death penalty?

I don't understand, he didn't kidnap, rape or torture, I've heard of murderers who rape and murder their victims get sentenced to jail.

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u/Recent-Guitar-6837 24d ago

Federal statutes allow for the death penalty because he planned and followed through. It wasn't spontaneous and it wasn't negligent.

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u/vastapple666 23d ago edited 23d ago

This is not correct. There’s a ton of bad legal takes in this thread. I’m a lawyer who’s been following this case fwiw.

There are aggravating factors that increase a murder case to one eligible for the death penalty. They made up aggravating factors to fit this case in order to make an example out of Luigi — the aggravating factors they’re claiming clearly don’t fit here.

There’s a very good chance that the federal judge throws the death penalty out before trial, too. Pam Bondi went on Fox News to announce the death penalty decision before his actual indictment (VERY unconstitutional), and she giggled like a sociopath while doing so. His federal judge is already pissed about that.

He shouldn’t even be charged federally, but the health insurance industry lobbied for federal charges to put the death penalty on the table (also VERY unconstitutional).

They’re charging him under a stalking statute that was passed under the Violence Against Women Act to get a federal hook. Despite what most people think, crossing state lines isn’t enough for federal charges, and those dumb terrorism charges are in his NY state case.

The whole federal indictment should be thrown out, but this case is too high-profile for that to happen.

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u/Archilochos 23d ago edited 23d ago

You're either not really a lawyer or a bad one. Title 18 allows for the death penalty for any first degree murder, which includes any premeditated murder. You, charitably, are confusing the statutory requirements with the sentencing factors or DOJ's own internal regulations about when to seek the death penalty, neither of which have anything to do with the statutory definition of what types of murder are eligible for the death penalty. 

Edit: lol for those of you following at home, this guy immediately blocked me once he realized he was talking to an actual lawyer. Reflect on the quality of this person's legal advice.

Edit 2: lmao and then sent a Reddit Cares, the truest sign of a serious legal scholar and NOT a guy who is mad, actually he's laughing, seriously guys

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u/vastapple666 23d ago edited 23d ago

ETA: I blocked this guy cause he’s a dick and I don’t think he’s American based on his preoccupation with statutes. I’m not gonna spend my time and energy debating someone who isn’t acting in good faith. He’s also wrong.

Yawn. Not the first time I’ve been called a fake lawyer on Reddit, won’t be the last.

If you’re gonna come for me, please look at Gregg v. Georgia (https://www.oyez.org/cases/1975/74-6257), the DOJ Manual sections on capital crimes (https://www.justice.gov/jm/jm-9-10000-capital-crimes) and the opinion where a federal judge denied the defense’s motion to preclude the death penalty in the last capital case brought in SDNY (https://storage.courtlistener.com/recap/gov.uscourts.nysd.484263/gov.uscourts.nysd.484263.119.0_1.pdf).

For your reference, here’s the motion to preclude the death penalty that was filed by Luigi’s counsel pre-indictment: https://cdn.sanity.io/files/detu0qji/production/232fb8110736921a95f916cd7e0b4dbfc844a44a.pdf. This was denied for being moot since they indicted him while the motion was fully-briefed and pending (lol), but a renewed motion to preclude is due on 9/16 if you’re interested.

I can pull more materials for you if you’d like. Just let me know.

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u/Archilochos 23d ago

lol so I say you're confusing the statutory requirements with internal DOJ regulations and you cite the DOJ manual at me in defense? Cooley grad?

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u/vastapple666 23d ago edited 23d ago

Do you have any idea how the federal death penalty process works in practice? Or the role of precedent in a common law system? Are you from a civil law jurisdiction given your focus on statutes? If so, why are you commenting so aggressively on a very American case?

And nice ad hominem, REALLY makes you look like a big smart man

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u/hatemakingnames1 23d ago

There are aggravating factors that increase a murder case to one eligible for the death penalty. They made up aggravating factors

Don't they only need this one aggravating factor though?

(9)Substantial planning and premeditation.— The defendant committed the offense after substantial planning and premeditation to cause the death of a person or commit an act of terrorism.

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u/vastapple666 23d ago edited 23d ago

It’s more complex than that. While technically you just need one aggravating factor, prosecutors generally look for multiple and this crime doesn’t rise to the level of crimes that SDNY has pursued death for in the past. Redditors might shit on that logic, but a federal judge takes stuff like that seriously.

Plus, in this case, Pam Bondi just went on Fox News and announced the death penalty without following ANY of the processes and procedures laid out for capital cases in the federal system. That is unconstitutional.

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u/bigfootsbabymama 21d ago

When you say they made up aggravating factors, though, isn’t it always the case at this stage that the factors may or may not be made up? The jury decides sentencing, the prosecutor only has to plead the factors to get to a death penalty jury, not prove them.

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u/vastapple666 20d ago

That’s fair, the prosecution can say anything to a grand jury to get an indictment (which is why they’re so easy to get). It’s not uncommon to get aggravating factors dropped before trial from what I’ve read. 

The defense has a renewed motion to preclude due on 9/16. Bondi really went buckwild by charging him pre-indictment and against the recommendation for the SDNY prosecutors, so it should be a good read. 

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u/Recent-Guitar-6837 23d ago

I'm not speaking of the law. He's getting ridden on a rail by the administration because he killed a rich jerk off. I'm just stating what is being passed off.

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u/vastapple666 23d ago

Ah understood. I just want to give people reading this thread some inside baseball from someone with a legal background who’s been following the case.

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u/Recent-Guitar-6837 23d ago

As you well know cops are the last people who should quote the law and being a constable makes me 30 percent of a cop. So I really have no legal standing to comment on anything. I'm just restating what's been said. Amtrak should be Luigi's defence council, all aboard.

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u/MainGood7444 23d ago

And it happened on video with the entire country/world watching it on their tv.... dah!