18 U.S.C. § 3591 — Sentence of death

Page 822 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3585 tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. § 3585. Calculation of a term of imprisonment (a) COMMENCEMENT OF SENTENCE.—A sentence to a term of imprisonment commences on the date the defendant is received in custody await- ing transportation to, or arrives voluntarily to commence service of sentence at, the official de- tention facility at which the sentence is to be served. (b) CREDIT FOR PRIOR CUSTODY.—A defendant shall be given credit toward the service of a term of imprisonment for any time he has spent in official detention prior to the date the sen- tence commences— (1) as a result of the offense for which the sentence was imposed; or (2) as a result of any other charge for which the defendant was arrested after the commis- sion of the offense for which the sentence was imposed; that has not been credited against another sen- tence. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 2001.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this sec- tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. § 3586. Implementation of a sentence of imprison- ment The implementation of a sentence of imprison- ment is governed by the provisions of sub- chapter C of chapter 229 and, if the sentence in- cludes a term of supervised release, by the provi- sions of subchapter A of chapter 229. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 2001.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this sec- tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. CHAPTER 228—DEATH SENTENCE Sec. 3591. Sentence of death. 3592. Mitigating and aggravating factors to be con- sidered in determining whether a sentence of death is justified. 3593. Special hearing to determine whether a sen- tence of death is justified. 3594. Imposition of a sentence of death. 3595. Review of a sentence of death. 3596. Implementation of a sentence of death. 3597. Use of State facilities. 3598. Special provisions for Indian country. 3599. Counsel for financially unable defendants. Editorial Notes PRIOR PROVISIONS A prior chapter 228 (§§ 3591 to 3599) relating to imposi- tion, payment, and collection of fines was added by Pub. L. 98–473, title II, § 238(a), Oct. 12, 1984, 98 Stat. 2034, effective pursuant to section 235(a)(1) of Pub. L. 98–473 the first day of the first calendar month begin- ning twenty-four months after Oct. 12, 1984. Pub. L. 98–596, § 12(a)(1), Oct. 30, 1984, 98 Stat. 3139, repealed chapter 228 applicable pursuant to section 12(b) of Pub. L. 98–596 on and after the date of enactment of Pub. L. 98–473 (Oct. 12, 1984). Section 238(i) of Pub. L. 98–473 which repealed section 238 of Pub. L. 98–473 on the same date established by section 235(a)(1) of Pub. L. 98–473 was repealed by section 12(a)(9) of Pub. L. 98–596. AMENDMENTS 2006—Pub. L. 109–177, title II, § 222(b), Mar. 9, 2006, 120 Stat. 232, which directed amendment of the ‘‘table of sections of the bill’’ by adding item 3599 after item 3598, was executed by adding item 3599 to the table of sec- tions for this chapter to reflect the probable intent of Congress. § 3591. Sentence of death (a) A defendant who has been found guilty of— (1) an offense described in section 794 or sec- tion 2381; or (2) any other offense for which a sentence of death is provided, if the defendant, as deter- mined beyond a reasonable doubt at the hear- ing under section 3593— (A) intentionally killed the victim; (B) intentionally inflicted serious bodily injury that resulted in the death of the vic- tim; (C) intentionally participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim died as a direct result of the act; or (D) intentionally and specifically engaged in an act of violence, knowing that the act created a grave risk of death to a person, other than one of the participants in the of- fense, such that participation in the act con- stituted a reckless disregard for human life and the victim died as a direct result of the act, shall be sentenced to death if, after consider- ation of the factors set forth in section 3592 in the course of a hearing held pursuant to section 3593, it is determined that imposition of a sen- tence of death is justified, except that no person may be sentenced to death who was less than 18 years of age at the time of the offense. (b) A defendant who has been found guilty of— (1) an offense referred to in section 408(c)(1) of the Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as part of a continuing criminal enterprise offense under the condi- tions described in subsection (b) of that sec- tion which involved not less than twice the quantity of controlled substance described in subsection (b)(2)(A) or twice the gross receipts described in subsection (b)(2)(B); or (2) an offense referred to in section 408(c)(1) of the Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as part of a continuing criminal enterprise offense under that section, where the defendant is a principal adminis- trator, organizer, or leader of such an enter- prise, and the defendant, in order to obstruct the investigation or prosecution of the enter- Page 823 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3592 1 See References in Text note below. prise or an offense involved in the enterprise, attempts to kill or knowingly directs, advises, authorizes, or assists another to attempt to kill any public officer, juror, witness, or mem- bers of the family or household of such a per- son, shall be sentenced to death if, after consider- ation of the factors set forth in section 3592 in the course of a hearing held pursuant to section 3593, it is determined that imposition of a sen- tence of death is justified, except that no person may be sentenced to death who was less than 18 years of age at the time of the offense. (Added Pub. L. 103–322, title VI, § 60002(a), Sept. 13, 1994, 108 Stat. 1959.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 103–322, title VI, § 60001, Sept. 13, 1994, 108 Stat. 1959, provided that: ‘‘This title [enacting this chapter and sections 36, 37, 1118 to 1121, 2245, 2280, 2281, and 2332a of this title, amending sections 34, 241, 242, 245, 247, 794, 844, 924, 930, 1091, 1111, 1114, 1116, 1117, 1201, 1203, 1503, 1512, 1513, 1716, 1958, 1959, 1992, 2113, 2119, 2251, 2332, 2340A, 3005, and 3432 of this title and section 1324 of Title 8, Aliens and Nationality, renumbering former section 2245 of this title as 2246, repealing section 46503 of Title 49, Transportation, and enacting provisions set out as notes under this section and sections 36, 37, and 2280 of this title] may be cited as the ‘Federal Death Penalty Act of 1994’.’’ APPLICABILITY TO UNIFORM CODE OF MILITARY JUSTICE Pub. L. 103–322, title VI, § 60004, Sept. 13, 1994, 108 Stat. 1970, provided that: ‘‘Chapter 228 of title 18, United States Code, as added by this title, shall not apply to prosecutions under the Uniform Code of Mili- tary Justice (10 U.S.C. 801).’’ § 3592. Mitigating and aggravating factors to be considered in determining whether a sen- tence of death is justified (a) MITIGATING FACTORS.—In determining whether a sentence of death is to be imposed on a defendant, the finder of fact shall consider any mitigating factor, including the following: (1) IMPAIRED CAPACITY.—The defendant’s ca- pacity to appreciate the wrongfulness of the defendant’s conduct or to conform conduct to the requirements of law was significantly im- paired, regardless of whether the capacity was so impaired as to constitute a defense to the charge. (2) DURESS.—The defendant was under un- usual and substantial duress, regardless of whether the duress was of such a degree as to constitute a defense to the charge. (3) MINOR PARTICIPATION.—The defendant is punishable as a principal in the offense, which was committed by another, but the defend- ant’s participation was relatively minor, re- gardless of whether the participation was so minor as to constitute a defense to the charge. (4) EQUALLY CULPABLE DEFENDANTS.—An- other defendant or defendants, equally cul- pable in the crime, will not be punished by death. (5) NO PRIOR CRIMINAL RECORD.—The defend- ant did not have a significant prior history of other criminal conduct. (6) DISTURBANCE.—The defendant committed the offense under severe mental or emotional disturbance. (7) VICTIM’S CONSENT.—The victim consented to the criminal conduct that resulted in the victim’s death. (8) OTHER FACTORS.—Other factors in the de- fendant’s background, record, or character or any other circumstance of the offense that mitigate against imposition of the death sen- tence. (b) AGGRAVATING FACTORS FOR ESPIONAGE AND TREASON.—In determining whether a sentence of death is justified for an offense described in sec- tion 3591(a)(1), the jury, or if there is no jury, the court, shall consider each of the following aggravating factors for which notice has been given and determine which, if any, exist: (1) PRIOR ESPIONAGE OR TREASON OFFENSE.— The defendant has previously been convicted of another offense involving espionage or trea- son for which a sentence of either life impris- onment or death was authorized by law. (2) GRAVE RISK TO NATIONAL SECURITY.—In the commission of the offense the defendant knowingly created a grave risk of substantial danger to the national security. (3) GRAVE RISK OF DEATH.—In the commis- sion of the offense the defendant knowingly created a grave risk of death to another per- son. The jury, or if there is no jury, the court, may consider whether any other aggravating factor for which notice has been given exists. (c) AGGRAVATING FACTORS FOR HOMICIDE.—In determining whether a sentence of death is jus- tified for an offense described in section 3591(a)(2), the jury, or if there is no jury, the court, shall consider each of the following ag- gravating factors for which notice has been given and determine which, if any, exist: (1) DEATH DURING COMMISSION OF ANOTHER CRIME.—The death, or injury resulting in death, occurred during the commission or at- tempted commission of, or during the imme- diate flight from the commission of, an offense under section 32 (destruction of aircraft or air- craft facilities), section 33 (destruction of motor vehicles or motor vehicle facilities), section 37 (violence at international airports), section 351 (violence against Members of Con- gress, Cabinet officers, or Supreme Court Jus- tices), an offense under section 751 (prisoners in custody of institution or officer), section 794 (gathering or delivering defense informa- tion to aid foreign government), section 844(d) (transportation of explosives in interstate commerce for certain purposes), section 844(f) (destruction of Government property by explo- sives), section 1118 (prisoners serving life term), section 1201 (kidnapping), section 844(i) (destruction of property affecting interstate commerce by explosives), section 1116 (killing or attempted killing of diplomats), section 1203 (hostage taking), section 1992 1 (wrecking trains), section 2245 (offenses resulting in death), section 2280 (maritime violence), sec- tion 2281 (maritime platform violence), section 2332 (terrorist acts abroad against United States nationals), section 2332a (use of weap- ons of mass destruction), or section 2381 (trea-