A bill to establish rational criteria for the mandatory imposition of the sentence of death, and for other purposes.

Summary

States that a person shall be subjected to the penalty of death for any offense prohibited by the laws of the United States only if a hearing is held in accordance with this Act. States that when a defendant is found guilty of or pleads guilty to an offense for which one of the sentences provided is death, the judge who presided at the trial or before whom the guilty plea was entered shall conduct a separate sentencing hearing to determine the existence or nonexistence of the factors set forth in this Act for the purpose of determining the sentence to be imposed. Sets forth the procedures to be followed in such a hearing. Provides that the court shall not impose the sentence of death on the defendant if the jury or, if there is no jury, the court finds by a special verdict that at the time of the offense: (1) he was under the age of eighteen; (2) his capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law was significantly impaired, but not so impaired as to constitute a defense to prosecution; (3) he was under unusual substantial duress, although not such duress as to constitute a defense to prosecution; (4) he was a principal in the offense, which was committed by another, but his participation was relatively minor, although not so minor as to constitute a defense to prosecution; or (5) he could not reasonably have foreseen that his conduct in the course of the commission of murder, or other offense resulting in death for which he was convicted would cause, or would create a grave risk of causing, death to any person. Requires, for purposes of determining the existence of mitigating factors under this section, that the provisions of this Act relating thereto shall be liberally construed. States that if any defendant is found guilty of or pleads guilty to gathering or delivering defense information to aid a foreign government or treason and if no mitigating factor is present, the court shall impose the death sentence on the defendant under specified circumstances. Sets forth circumstances under which a defendant who is found guilty of or pleads guilty to murder or any other offenses for which the death penalty is available may be sentenced to death. States that in no event shall a sentence of death be carried out against a pregnant woman. Establishes procedures for an appeal from a sentence of death.

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Documents

1 official file

• Introduced in House

  summary · EN · 5 February 1975

  Open at official source

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