Terrorist Prosecution Act of 1986

Summary

Terrorist Prosecution Act of 1986 - Amends the Federal criminal code to create a Federal criminal offense for terrorist acts committed against U.S. nationals abroad. Makes it an offense for any person in an act of international terrorism to assault, strike, wound, imprison, or make other violent acts upon the person or liberty of any U.S. national. Specifies punishment for such persons found guilty of murder, manslaughter, attempted murder, or conspiracy. Establishes criteria for the imposition of the death penalty for certain Federal offenses. Requires the Government to: (1) serve notice upon the defendant when it seeks imposition of the death penalty; and (2) set forth the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant when the defendant is convicted of such an offense. Allows the defendant and the Government to present any relevant information, regardless of its admissibility under the rules of evidence. Permits such information to be excluded where its probative value is substantially outweighted by the danger of unfair prejudice, confusion of issues, or misleading of the jury. Specifies certain mitigating factors (including the defendant's age and inability to appreciate his or her conduct) and aggravating factors (including the intentional killing of the victim, previous convictions, and the nature of the offense) for jury consideration. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant when sentencing. States that the death penalty shall not be carried out on pregnant women. Establishes procedures for the appeal of a death sentence. Requires the court of appeals, upon consideration of the trial record, information submitted during the sentencing hearing, and the procedures of such hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding. Requires the court to provide a written explanation of its determination.

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1 official file

• Introduced in House

  summary · EN · 5 March 1986

  Open at official source

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