Can Murder-for-Hire Be Justifiable Homicide?
You probably do not need to be told that hiring a hitman to kill someone is against the law. Indeed, it is not just a state crime but also a federal offense if any means of interstate communication are used to further such a plot. Specifically, the federal murder-for-hire statute provides that a person commits a crime if they “cause another to travel in interstate or foreign commerce” with the “intent that a murder be committed in violation of the laws any state” in return for some “promise or agreement to pay anything of pecuniary value.”
Florida Woman Convicted for Attempting to Hire Ex to Kill Husband
A recent murder-for-hire case here in Florida raised a novel–though ultimately unsuccessful–defense that the act in question was a justifiable act of self-defense. In United States v. Buselli, federal prosecutors charged a Florida defendant with attempting to hire her former high school boyfriend to kill her husband. According to evidence presented at trial, the defendant had reported her husband on multiple occasions to local authorities, alleging he had physically and sexually abused the couple’s daughter. At the time, the defendant was separated from her husband, but they shared custody of the child.
After authorities concluded that there was insufficient evidence to support the defendant’s abuse allegations, she contacted her ex-boyfriend, who lived in Montana. She asked him to kill her husband. The ex-boyfriend contacted the Hillsborough County, Florida, sheriff’s office to report this. The sheriff, in turn, requested assistance from the FBI.
To make a long story short, the ex-boyfriend agreed to work with the FBI in a sting operation. An FBI agent introduced himself to the defendant as a “friend” of the ex-boyfriend who would carry out the murder-for-hire plot. In exchange, the defendant mailed two prepaid gift cards to the ex-boyfriend. The FBI also informed the husband, who agreed to make it look like he “disappeared” to convince the defendant that he was dead. The FBI then used the ruse of the husband’s disappearance as a pretext for questioning the defendant, which ultimately led to her arrest.
Federal prosecutors charged the defendant with violating the federal murder-for-hire statute and making false statements to the FBI. At trial, the defendant requested a jury instruction on Florida’s defenses for justifiable homicide and the lawful use of deadly force. In other words, she wanted the jury to consider whether her murder-for-hire plot could be justifiable homicide under Florida law.
The judge declined to issue such an instruction. The jury proceeded to convict the defendant. The United States Court of Appeals for the 11th Circuit upheld the conviction on appeal. It noted the murder-for-hire statute did not actually require evidence that the defendant committed murder under state law, or “even that a murder actually happened.” It only required proof that the defendant intended for a murder to occur.
Contact the Joshi Law Firm Today
If you are facing federal charges of any sort, you could be facing some serious prison time. A qualified Orlando federal crimes attorney can review the government’s case against you and advise you of your options for presenting a defense. Call the Joshi Law Firm, PA, today at 844-GO-JOSHI or contact us online to schedule a free initial consultation.
Source:
media.ca11.uscourts.gov/opinions/pub/files/202310272.pdf
