§ 3593. — Special hearing to determine whether a sentence of death is justified.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3593]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 228--DEATH SENTENCE
Sec. 3593. Special hearing to determine whether a sentence of
death is justified
(a) Notice by the Government.--If, in a case involving an offense
described in section 3591, the attorney for the government believes that
the circumstances of the offense are such that a sentence of death is
justified under this chapter, the attorney shall, a reasonable time
before the trial or before acceptance by the court of a plea of guilty,
sign and file with the court, and serve on the defendant, a notice--
(1) stating that the government believes that the circumstances
of the offense are such that, if the defendant is convicted, a
sentence of death is justified under this chapter and that the
government will seek the sentence of death; and
(2) setting forth the aggravating factor or factors that the
government, if the defendant is convicted, proposes to prove as
justifying a sentence of death.
The factors for which notice is provided under this subsection may
include factors concerning the effect of the offense on the victim and
the victim's family, and may include oral testimony, a victim impact
statement that identifies the victim of the offense and the extent and
scope of the injury and loss suffered by the victim and the victim's
family, and any other relevant information. The court may permit the
attorney for the government to amend the notice upon a showing of good
cause.
(b) Hearing Before a Court or Jury.--If the attorney for the
government has filed a notice as required under subsection (a) and the
defendant is found guilty of or pleads guilty to an offense described in
section 3591, the judge who presided at the trial or before whom the
guilty plea was entered, or another judge if that judge is unavailable,
shall conduct a separate sentencing hearing to determine the punishment
to be imposed. The hearing shall be conducted--
(1) before the jury that determined the defendant's guilt;
(2) before a jury impaneled for the purpose of the hearing if--
(A) the defendant was convicted upon a plea of guilty;
(B) the defendant was convicted after a trial before the
court sitting without a jury;
(C) the jury that determined the defendant's guilt was
discharged for good cause; or
(D) after initial imposition of a sentence under this
section, reconsideration of the sentence under this section is
necessary; or
(3) before the court alone, upon the motion of the defendant and
with the approval of the attorney for the government.
A jury impaneled pursuant to paragraph (2) shall consist of 12 members,
unless, at any time before the conclusion of the hearing, the parties
stipulate, with the approval of the court, that it shall consist of a
lesser number.
(c) Proof of Mitigating and Aggravating Factors.--Notwithstanding
rule 32 of the Federal Rules of Criminal Procedure, when a defendant is
found guilty or pleads guilty to an offense under section 3591, no
presentence report shall be prepared. At the sentencing hearing,
information may be presented as to any matter relevant to the sentence,
including any mitigating or aggravating factor permitted or required to
be considered under section 3592. Information presented may include the
trial transcript and exhibits if the hearing is held before a jury or
judge not present during the trial, or at the trial judge's discretion.
The defendant may present any information relevant to a mitigating
factor. The government may present any information relevant to an
aggravating factor for which notice has been provided under subsection
(a). Information is admissible regardless of its admissibility under the
rules governing admission of evidence at criminal trials except that
information may be excluded if its probative value is outweighed by the
danger of creating unfair prejudice, confusing the issues, or misleading
the jury. For the purposes of the preceding sentence, the fact that a
victim, as defined in section 3510, attended or observed the trial shall
not be construed to pose a danger of creating unfair prejudice,
confusing the issues, or misleading the jury. The government and the
defendant shall be permitted to rebut any information received at the
hearing, and shall be given fair opportunity to present argument as to
the adequacy of the information to establish the existence of any
aggravating or mitigating factor, and as to the appropriateness in the
case of imposing a sentence of death. The government shall open the
argument. The defendant shall be permitted to reply. The government
shall then be permitted to reply in rebuttal. The burden of establishing
the existence of any aggravating factor is on the government, and is not
satisfied unless the existence of such a factor is established beyond a
reasonable doubt. The burden of establishing the existence of any
mitigating factor is on the defendant, and is not satisfied unless the
existence of such a factor is established by a preponderance of the
information.
(d) Return of Special Findings.--The jury, or if there is no jury,
the court, shall consider all the information received during the
hearing. It shall return special findings identifying any aggravating
factor or factors set forth in section 3592 found to exist and any other
aggravating factor for which notice has been provided under subsection
(a) found to exist. A finding with respect to a mitigating factor may be
made by 1 or more members of the jury, and any member of the jury who
finds the existence of a mitigating factor may consider such factor
established for purposes of this section regardless of the number of
jurors who concur that the factor has been established. A finding with
respect to any aggravating factor must be unanimous. If no aggravating
factor set forth in section 3592 is found to exist, the court shall
impose a sentence other than death authorized by law.
(e) Return of a Finding Concerning a Sentence of Death.--If, in the
case of--
(1) an offense described in section 3591(a)(1), an aggravating
factor required to be considered under section 3592(b) is found to
exist;
(2) an offense described in section 3591(a)(2), an aggravating
factor required to be considered under section 3592(c) is found to
exist; or
(3) an offense described in section 3591(b), an aggravating
factor required to be considered under section 3592(d) is found to
exist,
the jury, or if there is no jury, the court, shall consider whether all
the aggravating factor or factors found to exist sufficiently outweigh
all the mitigating factor or factors found to exist to justify a
sentence of death, or, in the absence of a mitigating factor, whether
the aggravating factor or factors alone are sufficient to justify a
sentence of death. Based upon this consideration, the jury by unanimous
vote, or if there is no jury, the court, shall recommend whether the
defendant should be sentenced to death, to life imprisonment without
possibility of release or some other lesser sentence.
(f) Special Precaution To Ensure Against Discrimination.--In a
hearing held before a jury, the court, prior to the return of a finding
under subsection (e), shall instruct the jury that, in considering
whether a sentence of death is justified, it shall not consider the
race, color, religious beliefs, national origin, or sex of the defendant
or of any victim and that the jury is not to recommend a sentence of
death unless it has concluded that it would recommend a sentence of
death for the crime in question no matter what the race, color,
religious beliefs, national origin, or sex of the defendant or of any
victim may be. The jury, upon return of a finding under subsection (e),
shall also return to the court a certificate, signed by each juror, that
consideration of the race, color, religious beliefs, national origin, or
sex of the defendant or any victim was not involved in reaching his or
her individual decision and that the individual juror would have made
the same recommendation regarding a sentence for the crime in question
no matter what the race, color, religious beliefs, national origin, or
sex of the defendant or any victim may be.
(Added Pub. L. 103-322, title VI, Sec. 60002(a), Sept. 13, 1994, 108
Stat. 1964; amended Pub. L. 105-6, Sec. 2(c), Mar. 19, 1997, 111 Stat.
12; Pub. L. 107-273, div. B, title IV, Sec. 4002(e)(8), Nov. 2, 2002,
116 Stat. 1810.)
References in Text
The Federal Rules of Criminal Procedure, referred to in subsec. (c),
are set out in the Appendix to this title.
Amendments
2002--Subsec. (c). Pub. L. 107-273 substituted ``rule 32'' for
``rule 32(c)'' in first sentence.
1997--Subsec. (c). Pub. L. 105-6 inserted ``For the purposes of the
preceding sentence, the fact that a victim, as defined in section 3510,
attended or observed the trial shall not be construed to pose a danger
of creating unfair prejudice, confusing the issues, or misleading the
jury.''
Effective Date of 1997 Amendment
Amendment by Pub. L. 105-6 applicable to cases pending on Mar. 19,
1997, see section 2(d) of Pub. L. 105-6, set out as an Effective Date
note under section 3510 of this title.
Section Referred to in Other Sections
This section is referred to in sections 3510, 3591, 3594, 3595 of
this title.
