Tribunals Organized To Convict: Searching for a Lesser Evil in the Capital Juror Death-Qualification Process in United States v. Green

Similar theories arose when the Justice Department sought the death penalty against Zacarias Moussaoui in connection with the September 11th terrorist attack-an unusual move since Moussaoui was not a direct participant in the attacks; See Philip Shenon & Neil A. Lewis, A Nation Challenged: The 20th Hijacker; France Warns it Opposes Death Penalty in Terror Trial, N.Y.TIMES, Mar. 28, 2002, at A14, available at 2002 WLNR 4438802."Legal scholars said a decision toseek the death penalty would be highly unusual if not unprecedented in a case in which the defendant is charged with conspiracy and not with direct involvement in the acts that resulted in death," but speculated that the prosecution wanted a death-qualified jury to increase the likelihood of a conviction.Id.6.