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Federal death penalty could be expanded

WASHINGTON, Oct. 26 (UPI) -- An amendment to the reauthorization of the USA Patriot Act would make it easier for federal prosecutors to get defendants sentenced to death.

Currently, all jurors in a case must agree the death penalty is warranted before a convict is condemned. If even one juror disagrees, the defendant's sentence is set at life in prison.

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A Patriot Act amendment submitted by U.S. Rep. John Carter, R-Texas, and supported by the Justice Department would change that, The New York Times reported. Carter's amendment is in the House version of the Patriot Act reauthorization, but not in the Senate's. Lawmakers are to meet soon to settle differences in the two measures.

Several states allow for a second sentencing jury to be empanelled to reconsider a death sentence and even death penalty opponents say such a federal measure would likely be constitutional.

"It's one of the many situations where the Supreme Court leaves us to our folly," Federal Death Penalty Resource Counsel Project lawyer David Bruck told the Times.

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