-CITE-

18 USC CHAPTER 228 - DEATH SENTENCE 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 228 - DEATH SENTENCE

.

-HEAD-

CHAPTER 228 - DEATH SENTENCE

-MISC1-

Sec.

3591. Sentence of death.

3592. Mitigating and aggravating factors to be considered in

determining whether a sentence of death is justified.

3593. Special hearing to determine whether a sentence of death is

justified.

3594. Imposition of a sentence of death.

3595. Review of a sentence of death.

3596. Implementation of a sentence of death.

3597. Use of State facilities.

3598. Special provisions for Indian country.

PRIOR PROVISIONS

A prior chapter 228 (Sec. 3591 to 3599) relating to imposition,

payment, and collection of fines was added by Pub. L. 98-473, title

II, Sec. 238(a), Oct. 12, 1984, 98 Stat. 2034, effective pursuant

to section 235(a)(1) of Pub. L. 98-473 the first day of the first

calendar month beginning twenty-four months after Oct. 12, 1984.

Pub. L. 98-596, Sec. 12(a)(1), Oct. 30, 1984, 98 Stat. 3139,

repealed chapter 228 applicable pursuant to section 12(b) of Pub.

L. 98-596 on and after the date of enactment of Pub. L. 98-473

(Oct. 12, 1984). Section 238(i) of Pub. L. 98-473 which repealed

section 238 of Pub. L. 98-473 on the same date established by

section 235(a)(1) of Pub. L. 98-473 was repealed by section

12(a)(9) of Pub. L. 98-596.

-CITE-

18 USC Sec. 3591 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 228 - DEATH SENTENCE

-HEAD-

Sec. 3591. Sentence of death

-STATUTE-

(a) A defendant who has been found guilty of -

(1) an offense described in section 794 or section 2381; or

(2) any other offense for which a sentence of death is

provided, if the defendant, as determined beyond a reasonable

doubt at the hearing under section 3593 -

(A) intentionally killed the victim;

(B) intentionally inflicted serious bodily injury that

resulted in the death of the victim;

(C) intentionally participated in an act, contemplating that

the life of a person would be taken or intending that lethal

force would be used in connection with a person, other than one

of the participants in the offense, and the victim died as a

direct result of the act; or

(D) intentionally and specifically engaged in an act of

violence, knowing that the act created a grave risk of death to

a person, other than one of the participants in the offense,

such that participation in the act constituted a reckless

disregard for human life and the victim died as a direct result

of the act,

shall be sentenced to death if, after consideration of the factors

set forth in section 3592 in the course of a hearing held pursuant

to section 3593, it is determined that imposition of a sentence of

death is justified, except that no person may be sentenced to death

who was less than 18 years of age at the time of the offense.

(b) A defendant who has been found guilty of -

(1) an offense referred to in section 408(c)(1) of the

Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as

part of a continuing criminal enterprise offense under the

conditions described in subsection (b) of that section which

involved not less than twice the quantity of controlled substance

described in subsection (b)(2)(A) or twice the gross receipts

described in subsection (b)(2)(B); or

(2) an offense referred to in section 408(c)(1) of the

Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as

part of a continuing criminal enterprise offense under that

section, where the defendant is a principal administrator,

organizer, or leader of such an enterprise, and the defendant, in

order to obstruct the investigation or prosecution of the

enterprise or an offense involved in the enterprise, attempts to

kill or knowingly directs, advises, authorizes, or assists

another to attempt to kill any public officer, juror, witness, or

members of the family or household of such a person,

shall be sentenced to death if, after consideration of the factors

set forth in section 3592 in the course of a hearing held pursuant

to section 3593, it is determined that imposition of a sentence of

death is justified, except that no person may be sentenced to death

who was less than 18 years of age at the time of the offense.

-SOURCE-

(Added Pub. L. 103-322, title VI, Sec. 60002(a), Sept. 13, 1994,

108 Stat. 1959.)

-MISC1-

SHORT TITLE

Section 60001 of title VI of Pub. L. 103-322 provided that:

''This title (enacting this chapter and sections 36, 37, 1118 to

1121, 2245, 2280, 2281, and 2332a of this title, amending sections

34, 241, 242, 245, 247, 794, 844, 924, 930, 1091, 1111, 1114, 1116,

1117, 1201, 1203, 1503, 1512, 1513, 1716, 1958, 1959, 1992, 2113,

2119, 2251, 2332, 2340A, 3005, and 3432 of this title and section

1324 of Title 8, Aliens and Nationality, renumbering former section

2245 of this title as 2246, repealing section 46503 of Title 49,

Transportation, and enacting provisions set out as notes under this

section and sections 36, 37, and 2280 of this title) may be cited

as the 'Federal Death Penalty Act of 1994'.''

APPLICABILITY TO UNIFORM CODE OF MILITARY JUSTICE

Section 60004 of title VI of Pub. L. 103-322 provided that:

''Chapter 228 of title 18, United States Code, as added by this

title, shall not apply to prosecutions under the Uniform Code of

Military Justice (10 U.S.C. 801).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3559, 3592, 3593 of this

title.

-CITE-

18 USC Sec. 3592 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 228 - DEATH SENTENCE

-HEAD-

Sec. 3592. Mitigating and aggravating factors to be considered in

determining whether a sentence of death is justified

-STATUTE-

(a) Mitigating Factors. - In determining whether a sentence of

death is to be imposed on a defendant, the finder of fact shall

consider any mitigating factor, including the following:

(1) Impaired capacity. - The defendant's capacity to appreciate

the wrongfulness of the defendant's conduct or to conform conduct

to the requirements of law was significantly impaired, regardless

of whether the capacity was so impaired as to constitute a

defense to the charge.

(2) Duress. - The defendant was under unusual and substantial

duress, regardless of whether the duress was of such a degree as

to constitute a defense to the charge.

(3) Minor participation. - The defendant is punishable as a

principal in the offense, which was committed by another, but the

defendant's participation was relatively minor, regardless of

whether the participation was so minor as to constitute a defense

to the charge.

(4) Equally culpable defendants. - Another defendant or

defendants, equally culpable in the crime, will not be punished

by death.

(5) No prior criminal record. - The defendant did not have a

significant prior history of other criminal conduct.

(6) Disturbance. - The defendant committed the offense under

severe mental or emotional disturbance.

(7) Victim's consent. - The victim consented to the criminal

conduct that resulted in the victim's death.

(8) Other factors. - Other factors in the defendant's

background, record, or character or any other circumstance of the

offense that mitigate against imposition of the death sentence.

(b) Aggravating Factors for Espionage and Treason. - In

determining whether a sentence of death is justified for an offense

described in section 3591(a)(1), the jury, or if there is no jury,

the court, shall consider each of the following aggravating factors

for which notice has been given and determine which, if any, exist:

(1) Prior espionage or treason offense. - The defendant has

previously been convicted of another offense involving espionage

or treason for which a sentence of either life imprisonment or

death was authorized by law.

(2) Grave risk to national security. - In the commission of the

offense the defendant knowingly created a grave risk of

substantial danger to the national security.

(3) Grave risk of death. - In the commission of the offense the

defendant knowingly created a grave risk of death to another

person.

The jury, or if there is no jury, the court, may consider whether

any other aggravating factor for which notice has been given

exists.

(c) Aggravating Factors for Homicide. - In determining whether a

sentence of death is justified for an offense described in section

3591(a)(2), the jury, or if there is no jury, the court, shall

consider each of the following aggravating factors for which notice

has been given and determine which, if any, exist:

(1) Death during commission of another crime. - The death, or

injury resulting in death, occurred during the commission or

attempted commission of, or during the immediate flight from the

commission of, an offense under section 32 (destruction of

aircraft or aircraft facilities), section 33 (destruction of

motor vehicles or motor vehicle facilities), section 37 (violence

at international airports), section 351 (violence against Members

of Congress, Cabinet officers, or Supreme Court Justices), an

offense under section 751 (prisoners in custody of institution or

officer), section 794 (gathering or delivering defense

information to aid foreign government), section 844(d)

(transportation of explosives in interstate commerce for certain

purposes), section 844(f) (destruction of Government property by

explosives), section 1118 (prisoners serving life term), section

1201 (kidnapping), section 844(i) (destruction of property

affecting interstate commerce by explosives), section 1116

(killing or attempted killing of diplomats), section 1203

(hostage taking), section 1992 (wrecking trains), section 2280

(maritime violence), section 2281 (maritime platform violence),

section 2332 (terrorist acts abroad against United States

nationals), section 2332a (use of weapons of mass destruction),

or section 2381 (treason) of this title, or section 46502 of

title 49, United States Code (aircraft piracy).

(2) Previous conviction of violent felony involving firearm. -

For any offense, other than an offense for which a sentence of

death is sought on the basis of section 924(c), the defendant has

previously been convicted of a Federal or State offense

punishable by a term of imprisonment of more than 1 year,

involving the use or attempted or threatened use of a firearm (as

defined in section 921) against another person.

(3) Previous conviction of offense for which a sentence of

death or life imprisonment was authorized. - The defendant has

previously been convicted of another Federal or State offense

resulting in the death of a person, for which a sentence of life

imprisonment or a sentence of death was authorized by statute.

(4) Previous conviction of other serious offenses. - The

defendant has previously been convicted of 2 or more Federal or

State offenses, punishable by a term of imprisonment of more than

1 year, committed on different occasions, involving the

infliction of, or attempted infliction of, serious bodily injury

or death upon another person.

(5) Grave risk of death to additional persons. - The defendant,

in the commission of the offense, or in escaping apprehension for

the violation of the offense, knowingly created a grave risk of

death to 1 or more persons in addition to the victim of the

offense.

(6) Heinous, cruel, or depraved manner of committing offense. -

The defendant committed the offense in an especially heinous,

cruel, or depraved manner in that it involved torture or serious

physical abuse to the victim.

(7) Procurement of offense by payment. - The defendant procured

the commission of the offense by payment, or promise of payment,

of anything of pecuniary value.

(8) Pecuniary gain. - The defendant committed the offense as

consideration for the receipt, or in the expectation of the

receipt, of anything of pecuniary value.

(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.

(10) Conviction for two felony drug offenses. - The defendant

has previously been convicted of 2 or more State or Federal

offenses punishable by a term of imprisonment of more than one

year, committed on different occasions, involving the

distribution of a controlled substance.

(11) Vulnerability of victim. - The victim was particularly

vulnerable due to old age, youth, or infirmity.

(12) Conviction for serious federal drug offenses. - The

defendant had previously been convicted of violating title II or

III of the Comprehensive Drug Abuse Prevention and Control Act of

1970 for which a sentence of 5 or more years may be imposed or

had previously been convicted of engaging in a continuing

criminal enterprise.

(13) Continuing criminal enterprise involving drug sales to

minors. - The defendant committed the offense in the course of

engaging in a continuing criminal enterprise in violation of

section 408(c) of the Controlled Substances Act (21 U.S.C.

848(c)), and that violation involved the distribution of drugs to

persons under the age of 21 in violation of section 418 of that

Act (21 U.S.C. 859).

(14) High public officials. - The defendant committed the

offense against -

(A) the President of the United States, the President-elect,

the Vice President, the Vice President-elect, the Vice

President-designate, or, if there is no Vice President, the

officer next in order of succession to the office of the

President of the United States, or any person who is acting as

President under the Constitution and laws of the United States;

(B) a chief of state, head of government, or the political

equivalent, of a foreign nation;

(C) a foreign official listed in section 1116(b)(3)(A), if

the official is in the United States on official business; or

(D) a Federal public servant who is a judge, a law

enforcement officer, or an employee of a United States penal or

correctional institution -

(i) while he or she is engaged in the performance of his or

her official duties;

(ii) because of the performance of his or her official

duties; or

(iii) because of his or her status as a public servant.

For purposes of this subparagraph, a ''law enforcement

officer'' is a public servant authorized by law or by a

Government agency or Congress to conduct or engage in the

prevention, investigation, or prosecution or adjudication of an

offense, and includes those engaged in corrections, parole, or

probation functions.

(15) Prior conviction of sexual assault or child molestation. -

In the case of an offense under chapter 109A (sexual abuse) or

chapter 110 (sexual abuse of children), the defendant has

previously been convicted of a crime of sexual assault or crime

of child molestation.

(16) Multiple killings or attempted killings. - The defendant

intentionally killed or attempted to kill more than one person in

a single criminal episode.

The jury, or if there is no jury, the court, may consider whether

any other aggravating factor for which notice has been given

exists.

(d) Aggravating Factors for Drug Offense Death Penalty. - In

determining whether a sentence of death is justified for an offense

described in section 3591(b), the jury, or if there is no jury, the

court, shall consider each of the following aggravating factors for

which notice has been given and determine which, if any, exist:

(1) Previous conviction of offense for which a sentence of

death or life imprisonment was authorized. - The defendant has

previously been convicted of another Federal or State offense

resulting in the death of a person, for which a sentence of life

imprisonment or death was authorized by statute.

(2) Previous conviction of other serious offenses. - The

defendant has previously been convicted of two or more Federal or

State offenses, each punishable by a term of imprisonment of more

than one year, committed on different occasions, involving the

importation, manufacture, or distribution of a controlled

substance (as defined in section 102 of the Controlled Substances

Act (21 U.S.C. 802)) or the infliction of, or attempted

infliction of, serious bodily injury or death upon another

person.

(3) Previous serious drug felony conviction. - The defendant

has previously been convicted of another Federal or State offense

involving the manufacture, distribution, importation, or

possession of a controlled substance (as defined in section 102

of the Controlled Substances Act (21 U.S.C. 802)) for which a

sentence of five or more years of imprisonment was authorized by

statute.

(4) Use of firearm. - In committing the offense, or in

furtherance of a continuing criminal enterprise of which the

offense was a part, the defendant used a firearm or knowingly

directed, advised, authorized, or assisted another to use a

firearm to threaten, intimidate, assault, or injure a person.

(5) Distribution to persons under 21. - The offense, or a

continuing criminal enterprise of which the offense was a part,

involved conduct proscribed by section 418 of the Controlled

Substances Act (21 U.S.C. 859) which was committed directly by

the defendant.

(6) Distribution near schools. - The offense, or a continuing

criminal enterprise of which the offense was a part, involved

conduct proscribed by section 419 of the Controlled Substances

Act (21 U.S.C. 860) which was committed directly by the

defendant.

(7) Using minors in trafficking. - The offense, or a continuing

criminal enterprise of which the offense was a part, involved

conduct proscribed by section 420 of the Controlled Substances

Act (21 U.S.C. 861) which was committed directly by the

defendant.

(8) Lethal adulterant. - The offense involved the importation,

manufacture, or distribution of a controlled substance (as

defined in section 102 of the Controlled Substances Act (21

U.S.C. 802)), mixed with a potentially lethal adulterant, and the

defendant was aware of the presence of the adulterant.

The jury, or if there is no jury, the court, may consider whether

any other aggravating factor for which notice has been given

exists.

-SOURCE-

(Added and amended Pub. L. 103-322, title VI, Sec. 60002(a), title

XXXIII, Sec. 330021(1), Sept. 13, 1994, 108 Stat. 1960, 2150; Pub.

L. 104-132, title VII, Sec. 728, Apr. 24, 1996, 110 Stat. 1302;

Pub. L. 104-294, title VI, Sec. 601(b)(7), 604(b)(35), Oct. 11,

1996, 110 Stat. 3499, 3508; Pub. L. 107-273, div. B, title IV,

Sec. 4002(e)(2), Nov. 2, 2002, 116 Stat. 1810.)

-REFTEXT-

REFERENCES IN TEXT

The Comprehensive Drug Abuse Prevention and Control Act of 1970,

referred to in subsec. (c)(12), is Pub. L. 91-513, Oct. 27, 1970,

84 Stat. 1236, as amended. Title II of the Act, known as the

Controlled Substances Act, is classified principally to subchapter

I (Sec. 801 et seq.) of chapter 13 of Title 21, Food and Drugs.

Title III of the Act, known as the Controlled Substances Import and

Export Act, is classified principally to subchapter II (Sec. 951 et

seq.) of chapter 13 of Title 21. For complete classification of

this Act to the Code, see Short Title note set out under sections

801 and 951 of Title 21 and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (c)(1). Pub. L. 107-273 substituted ''section 37''

for ''section 36''.

1996 - Subsec. (c)(1). Pub. L. 104-294, Sec. 601(b)(7),

substituted ''section 2332a (use of weapons of mass destruction)''

for ''section 2339 (use of weapons of mass destruction)''.

Subsec. (c)(12). Pub. L. 104-294, Sec. 604(b)(35), substituted

''Comprehensive Drug Abuse Prevention and Control Act of 1970'' for

''Controlled Substances Act''.

Subsec. (c)(16). Pub. L. 104-132 added par. (16).

1994 - Subsec. (c)(1). Pub. L. 103-322, Sec. 330021(1),

substituted ''kidnapping'' for ''kidnaping''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 604(b)(35) of Pub. L. 104-294 effective

Sept. 13, 1994, see section 604(d) of Pub. L. 104-294, set out as a

note under section 13 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3591, 3593, 3595 of this

title.

-CITE-

18 USC Sec. 3593 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 228 - DEATH SENTENCE

-HEAD-

Sec. 3593. Special hearing to determine whether a sentence of death

is justified

-STATUTE-

(a) Notice by the Government. - If, in a case involving an

offense described in section 3591, the attorney for the government

believes that the circumstances of the offense are such that a

sentence of death is justified under this chapter, the attorney

shall, a reasonable time before the trial or before acceptance by

the court of a plea of guilty, sign and file with the court, and

serve on the defendant, a notice -

(1) stating that the government believes that the circumstances

of the offense are such that, if the defendant is convicted, a

sentence of death is justified under this chapter and that the

government will seek the sentence of death; and

(2) setting forth the aggravating factor or factors that the

government, if the defendant is convicted, proposes to prove as

justifying a sentence of death.

The factors for which notice is provided under this subsection may

include factors concerning the effect of the offense on the victim

and the victim's family, and may include oral testimony, a victim

impact statement that identifies the victim of the offense and the

extent and scope of the injury and loss suffered by the victim and

the victim's family, and any other relevant information. The court

may permit the attorney for the government to amend the notice upon

a showing of good cause.

(b) Hearing Before a Court or Jury. - If the attorney for the

government has filed a notice as required under subsection (a) and

the defendant is found guilty of or pleads guilty to an offense

described in section 3591, the judge who presided at the trial or

before whom the guilty plea was entered, or another judge if that

judge is unavailable, shall conduct a separate sentencing hearing

to determine the punishment to be imposed. The hearing shall be

conducted -

(1) before the jury that determined the defendant's guilt;

(2) before a jury impaneled for the purpose of the hearing if -

(A) the defendant was convicted upon a plea of guilty;

(B) the defendant was convicted after a trial before the

court sitting without a jury;

(C) the jury that determined the defendant's guilt was

discharged for good cause; or

(D) after initial imposition of a sentence under this

section, reconsideration of the sentence under this section is

necessary; or

(3) before the court alone, upon the motion of the defendant

and with the approval of the attorney for the government.

A jury impaneled pursuant to paragraph (2) shall consist of 12

members, unless, at any time before the conclusion of the hearing,

the parties stipulate, with the approval of the court, that it

shall consist of a lesser number.

(c) Proof of Mitigating and Aggravating Factors. -

Notwithstanding rule 32 of the Federal Rules of Criminal Procedure,

when a defendant is found guilty or pleads guilty to an offense

under section 3591, no presentence report shall be prepared. At

the sentencing hearing, information may be presented as to any

matter relevant to the sentence, including any mitigating or

aggravating factor permitted or required to be considered under

section 3592. Information presented may include the trial

transcript and exhibits if the hearing is held before a jury or

judge not present during the trial, or at the trial judge's

discretion. The defendant may present any information relevant to

a mitigating factor. The government may present any information

relevant to an aggravating factor for which notice has been

provided under subsection (a). Information is admissible regardless

of its admissibility under the rules governing admission of

evidence at criminal trials except that information may be excluded

if its probative value is outweighed by the danger of creating

unfair prejudice, confusing the issues, or misleading the jury.

For the purposes of the preceding sentence, the fact that a victim,

as defined in section 3510, attended or observed the trial shall

not be construed to pose a danger of creating unfair prejudice,

confusing the issues, or misleading the jury. The government and

the defendant shall be permitted to rebut any information received

at the hearing, and shall be given fair opportunity to present

argument as to the adequacy of the information to establish the

existence of any aggravating or mitigating factor, and as to the

appropriateness in the case of imposing a sentence of death. The

government shall open the argument. The defendant shall be

permitted to reply. The government shall then be permitted to

reply in rebuttal. The burden of establishing the existence of any

aggravating factor is on the government, and is not satisfied

unless the existence of such a factor is established beyond a

reasonable doubt. The burden of establishing the existence of any

mitigating factor is on the defendant, and is not satisfied unless

the existence of such a factor is established by a preponderance of

the information.

(d) Return of Special Findings. - The jury, or if there is no

jury, the court, shall consider all the information received during

the hearing. It shall return special findings identifying any

aggravating factor or factors set forth in section 3592 found to

exist and any other aggravating factor for which notice has been

provided under subsection (a) found to exist. A finding with

respect to a mitigating factor may be made by 1 or more members of

the jury, and any member of the jury who finds the existence of a

mitigating factor may consider such factor established for purposes

of this section regardless of the number of jurors who concur that

the factor has been established. A finding with respect to any

aggravating factor must be unanimous. If no aggravating factor set

forth in section 3592 is found to exist, the court shall impose a

sentence other than death authorized by law.

(e) Return of a Finding Concerning a Sentence of Death. - If, in

the case of -

(1) an offense described in section 3591(a)(1), an aggravating

factor required to be considered under section 3592(b) is found

to exist;

(2) an offense described in section 3591(a)(2), an aggravating

factor required to be considered under section 3592(c) is found

to exist; or

(3) an offense described in section 3591(b), an aggravating

factor required to be considered under section 3592(d) is found

to exist,

the jury, or if there is no jury, the court, shall consider whether

all the aggravating factor or factors found to exist sufficiently

outweigh all the mitigating factor or factors found to exist to

justify a sentence of death, or, in the absence of a mitigating

factor, whether the aggravating factor or factors alone are

sufficient to justify a sentence of death. Based upon this

consideration, the jury by unanimous vote, or if there is no jury,

the court, shall recommend whether the defendant should be

sentenced to death, to life imprisonment without possibility of

release or some other lesser sentence.

(f) Special Precaution To Ensure Against Discrimination. - In a

hearing held before a jury, the court, prior to the return of a

finding under subsection (e), shall instruct the jury that, in

considering whether a sentence of death is justified, it shall not

consider the race, color, religious beliefs, national origin, or

sex of the defendant or of any victim and that the jury is not to

recommend a sentence of death unless it has concluded that it would

recommend a sentence of death for the crime in question no matter

what the race, color, religious beliefs, national origin, or sex of

the defendant or of any victim may be. The jury, upon return of a

finding under subsection (e), shall also return to the court a

certificate, signed by each juror, that consideration of the race,

color, religious beliefs, national origin, or sex of the defendant

or any victim was not involved in reaching his or her individual

decision and that the individual juror would have made the same

recommendation regarding a sentence for the crime in question no

matter what the race, color, religious beliefs, national origin, or

sex of the defendant or any victim may be.

-SOURCE-

(Added Pub. L. 103-322, title VI, Sec. 60002(a), Sept. 13, 1994,

108 Stat. 1964; amended Pub. L. 105-6, Sec. 2(c), Mar. 19, 1997,

111 Stat. 12; Pub. L. 107-273, div. B, title IV, Sec. 4002(e)(8),

Nov. 2, 2002, 116 Stat. 1810.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Criminal Procedure, referred to in subsec.

(c), are set out in the Appendix to this title.

-MISC2-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-273 substituted ''rule 32'' for

''rule 32(c)'' in first sentence.

1997 - Subsec. (c). Pub. L. 105-6 inserted ''For the purposes of

the preceding sentence, the fact that a victim, as defined in

section 3510, attended or observed the trial shall not be construed

to pose a danger of creating unfair prejudice, confusing the

issues, or misleading the jury.''

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-6 applicable to cases pending on Mar.

19, 1997, see section 2(d) of Pub. L. 105-6, set out as an

Effective Date note under section 3510 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3510, 3591, 3594, 3595 of

this title.

-CITE-

18 USC Sec. 3594 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 228 - DEATH SENTENCE

-HEAD-

Sec. 3594. Imposition of a sentence of death

-STATUTE-

Upon a recommendation under section 3593(e) that the defendant

should be sentenced to death or life imprisonment without

possibility of release, the court shall sentence the defendant

accordingly. Otherwise, the court shall impose any lesser sentence

that is authorized by law. Notwithstanding any other law, if the

maximum term of imprisonment for the offense is life imprisonment,

the court may impose a sentence of life imprisonment without

possibility of release.

-SOURCE-

(Added Pub. L. 103-322, title VI, Sec. 60002(a), Sept. 13, 1994,

108 Stat. 1966.)

-CITE-

18 USC Sec. 3595 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 228 - DEATH SENTENCE

-HEAD-

Sec. 3595. Review of a sentence of death

-STATUTE-

(a) Appeal. - In a case in which a sentence of death is imposed,

the sentence shall be subject to review by the court of appeals

upon appeal by the defendant. Notice of appeal must be filed

within the time specified for the filing of a notice of appeal. An

appeal under this section may be consolidated with an appeal of the

judgment of conviction and shall have priority over all other

cases.

(b) Review. - The court of appeals shall review the entire record

in the case, including -

(1) the evidence submitted during the trial;

(2) the information submitted during the sentencing hearing;

(3) the procedures employed in the sentencing hearing; and

(4) the special findings returned under section 3593(d).

(c) Decision and Disposition. -

(1) The court of appeals shall address all substantive and

procedural issues raised on the appeal of a sentence of death,

and shall consider whether the sentence of death was imposed

under the influence of passion, prejudice, or any other arbitrary

factor and whether the evidence supports the special finding of

the existence of an aggravating factor required to be considered

under section 3592.

(2) Whenever the court of appeals finds that -

(A) the sentence of death was imposed under the influence of

passion, prejudice, or any other arbitrary factor;

(B) the admissible evidence and information adduced does not

support the special finding of the existence of the required

aggravating factor; or

(C) the proceedings involved any other legal error requiring

reversal of the sentence that was properly preserved for appeal

under the rules of criminal procedure,

the court shall remand the case for reconsideration under section

3593 or imposition of a sentence other than death. The court of

appeals shall not reverse or vacate a sentence of death on

account of any error which can be harmless, including any

erroneous special finding of an aggravating factor, where the

Government establishes beyond a reasonable doubt that the error

was harmless.

(3) The court of appeals shall state in writing the reasons for

its disposition of an appeal of a sentence of death under this

section.

-SOURCE-

(Added Pub. L. 103-322, title VI, Sec. 60002(a), Sept. 13, 1994,

108 Stat. 1967.)

-CITE-

18 USC Sec. 3596 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 228 - DEATH SENTENCE

-HEAD-

Sec. 3596. Implementation of a sentence of death

-STATUTE-

(a) In General. - A person who has been sentenced to death

pursuant to this chapter shall be committed to the custody of the

Attorney General until exhaustion of the procedures for appeal of

the judgment of conviction and for review of the sentence. When

the sentence is to be implemented, the Attorney General shall

release the person sentenced to death to the custody of a United

States marshal, who shall supervise implementation of the sentence

in the manner prescribed by the law of the State in which the

sentence is imposed. If the law of the State does not provide for

implementation of a sentence of death, the court shall designate

another State, the law of which does provide for the implementation

of a sentence of death, and the sentence shall be implemented in

the latter State in the manner prescribed by such law.

(b) Pregnant Woman. - A sentence of death shall not be carried

out upon a woman while she is pregnant.

(c) Mental Capacity. - A sentence of death shall not be carried

out upon a person who is mentally retarded. A sentence of death

shall not be carried out upon a person who, as a result of mental

disability, lacks the mental capacity to understand the death

penalty and why it was imposed on that person.

-SOURCE-

(Added Pub. L. 103-322, title VI, Sec. 60002(a), Sept. 13, 1994,

108 Stat. 1967.)

-CITE-

18 USC Sec. 3597 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 228 - DEATH SENTENCE

-HEAD-

Sec. 3597. Use of State facilities

-STATUTE-

(a) In General. - A United States marshal charged with

supervising the implementation of a sentence of death may use

appropriate State or local facilities for the purpose, may use the

services of an appropriate State or local official or of a person

such an official employs for the purpose, and shall pay the costs

thereof in an amount approved by the Attorney General.

(b) Excuse of an Employee on Moral or Religious Grounds. - No

employee of any State department of corrections, the United States

Department of Justice, the Federal Bureau of Prisons, or the United

States Marshals Service, and no employee providing services to that

department, bureau, or service under contract shall be required, as

a condition of that employment or contractual obligation, to be in

attendance at or to participate in any prosecution or execution

under this section if such participation is contrary to the moral

or religious convictions of the employee. In this subsection,

''participation in executions'' includes personal preparation of

the condemned individual and the apparatus used for execution and

supervision of the activities of other personnel in carrying out

such activities.

-SOURCE-

(Added Pub. L. 103-322, title VI, Sec. 60002(a), Sept. 13, 1994,

108 Stat. 1968.)

-CITE-

18 USC Sec. 3598 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 228 - DEATH SENTENCE

-HEAD-

Sec. 3598. Special provisions for Indian country

-STATUTE-

Notwithstanding sections 1152 and 1153, no person subject to the

criminal jurisdiction of an Indian tribal government shall be

subject to a capital sentence under this chapter for any offense

the Federal jurisdiction for which is predicated solely on Indian

country (as defined in section 1151 of this title) and which has

occurred within the boundaries of Indian country, unless the

governing body of the tribe has elected that this chapter have

effect over land and persons subject to its criminal jurisdiction.

-SOURCE-

(Added Pub. L. 103-322, title VI, Sec. 60002(a), Sept. 13, 1994,

108 Stat. 1968.)

-CITE-