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

Summary

Amends the Federal Rules of Criminal Procedure to establish criteria for the imposition of the death penalty for Federal crimes. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense for which death is a possible penalty. Provides that no presentence report shall be prepared in such cases. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence. Specifies: (1) mitigating factors which the defendant must establish by preponderance of the information; and (2) aggravating factors which the Government must prove beyond a reasonable doubt, including particular factors to be considered in certain national security crimes. Requires the jury to determine: (1) by majority vote the existence of mitigating or aggravating factors; and (2) by unanimous vote whenever the aggravating factors sufficiently outweigh the mitigating factors to justify the death sentence. Directs the court to impose the death penalty upon a finding that such sentence is justified. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Allows the death penalty to be imposed for the murder of foreign officials and for an offense of kidnapping resulting in the death of any person. Eliminates the death penalty for the crime of rape. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon considering the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; (2) the information supports the findings of aggravating factors or the absence of mitigating factors; and (3) the sentence is not excessive. Requires the court to provide a written explanation of its determination.

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Documents

2 official files

• Reported to Senate with amendment(s)

  summary · EN · 17 January 1980

  Open at official source

• Introduced in Senate

  summary · EN · 23 January 1979

  Open at official source

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