To amend chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), to establish procedures for the adjudication by courts-martial of sentences of capital punishment.

Summary

Amends the Uniform Code of Military Justice (UCMJ) to establish procedures under which a court-martial may prescribe the death sentence. Requires that: (1) the sentence of death be concurred in unanimously; (2) the offense must be one expressly made punishable by death; and (3) the trial counsel must notify the accused of the intent to prove the existence of an aggravating factor, which is required before a sentence of death may be pronounced. Lists aggravating factors, including committing an offense in the presence of the enemy, presenting a grave risk to national security, and attempting to avoid hazardous duty. Requires the military judge, in the presence of the accused and counsel, to instruct the members of the court-martial on the aggravating factors, all applicable requirements and procedures, and the requirement to consider all evidence in extenuation and mitigation before adjudging a sentence of death. Prohibits a death sentence from being adjudged unless each member of the court-martial concurs that: (1) at least one aggravating factor has been proven beyond a reasonable doubt; and (2) the aggravating circumstances substantially outweigh any extenuating or mitigating circumstances or are themselves sufficient to justify a sentence of death. Requires that any aggravating factors found be announced by the military judge upon determination of the death sentence.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

No timeline events have been ingested for this record yet.

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

3 official files

• Introduced in House (text)

  Introduced in House · EN · 5 January 1993

  ViewDownloadOpen at official source

• Introduced in House (PDF)

  Introduced in House · EN · 5 January 1993

  ViewDownloadOpen at official source

• Introduced in House

  summary · EN · 5 January 1993

  Open at official source

Sponsors

No sponsors or actors listed by the source.

Related records

No cross-record relationships stored yet.