A bill to amend title 18 of the United States Code to provide criteria for the imposition of the death penalty for certain explosive related offenses.

Summary

Requires, where a defendent is found guilty of or pleads guilty to an explosive related offense for which one of the possible sentences is death, that the judge who presided at the trial or before whom the guilty plea was entered conduct a separate hearing to determine the existence of mitigating and aggravating factors. Dismisses such requirement where the Government stipulates that none of the aggravating factors exists or that one or more of the mitigating factors exists. Requires that the hearing be conducted before a jury or, if the defendent so moves, before the court alone, if the court and the Government approve. Requires the court to disclose to the defendant or his counsel all material contained in any presentence report, if one has been prepared, except such material as the court determines is required to be withheld for the protection of human life or for the protection of national security. Removes from consideration any such presentence information withheld from the defendant. Sets forth trial procedures and directs the jury, or the court to return a special verdict setting forth its findings as to the existence or nonexistence of each aggravating and mitigating factor. Permits the imposition of the death penalty only where the jury or, where there is no jury, the court finds by a preponderance of the information that one or more of the aggravating factors exists and that none of the mitigating factors exists. Enumerates the mitigating and aggravating factors. (Amends 18 U.S.C. 844)

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1 official file

• Introduced in House

  summary · EN · 3 February 1976

  Open at official source

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