2011 US Code
Title 18 - Crimes and Criminal Procedure
Part II - CRIMINAL PROCEDURE (§§ 3001 - 3771)
Chapter 228 - DEATH SENTENCE (§§ 3591 - 3599)
Section 3593 - Special hearing to determine whether a sentence of death is justified
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 18 - CRIMES AND CRIMINAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | 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 |
Contains | section 3593 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 103-322, title VI, §60002(a), Sept. 13, 1994, 108 Stat. 1964; amended Pub. L. 105-6, §2(c), Mar. 19, 1997, 111 Stat. 12; Pub. L. 107-273, div. B, title IV, §4002(e)(8), Nov. 2, 2002, 116 Stat. 1810. |
Statutes at Large References | 108 Stat. 1964 111 Stat. 12 116 Stat. 1810 |
Public Law References | Public Law 103-322, Public Law 105-6, Public Law 107-273 |
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(a)
(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)
(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)
(d)
(e)
(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)
(Added Pub. L. 103–322, title VI, §60002(a), Sept. 13, 1994, 108 Stat. 1964; amended Pub. L. 105–6, §2(c), Mar. 19, 1997, 111 Stat. 12; Pub. L. 107–273, div. B, title IV, §4002(e)(8), Nov. 2, 2002, 116 Stat. 1810.)
References in TextThe Federal Rules of Criminal Procedure, referred to in subsec. (c), are set out in the Appendix to this title.
Amendments2002—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 AmendmentAmendment 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.
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