A bill to establish rational criteria for the imposition of the sentence of death.

Summary

Requires that a separate sentencing hearing be held when a defendant is found guilty of, or pleads guilty to, an offense for which one of the possible sentences is death. Sets forth procedures for such hearings. Directs imposition of the death sentence where the jury or, upon approval by the court and the Government of a defense motion, the court alone finds that aggravating circumstances exist and outweigh any mitigating factors. Includes among mitigating factors (1) significant impairment of capacity to appreciate the wrongfulness of the conduct constituting the offense or to conform to the requirements of law; (2) youthfulness; and (3) substantial duress. Includes among aggravating factors (1) commission of the offense during the commission or attempted commission of one of enumerated crimes; (2) previous conviction of a Federal offense or of one of certain State offenses for which a sentence of life imprisonment or of death is authorized; (3) previous conviction of two or more violent felonies; (4) commission of the offense in any usually cruel manner or for consideration, and (5) commission of the offense against one of specified Federal or foreign officials. Prohibits the carrying out of a death sentence on a pregnant woman. Authorizes the imposition of a death sentence upon a person for gathering or delivering defense information to aid a foreign government only when specified weapon or defense systems are involved. Sets forth procedures and standards for court of appeal review of death sentences. Excludes from the procedures set forth in this Act prosecutions under the Uniform Code of Military Justice.

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Documents

1 official file

• Introduced in Senate

  summary · EN · 26 April 1977

  Open at official source

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