TO ESTABLISH CONSTITUTIONAL PROCEDURES FOR THE IMPOSITION OF CAPITAL PUNISHMENT - HEARING BEFORE THE SENATE SUBCOMMITTEE ON CRIMINAL LAWS AND PROCEDURES (ON S.1382), MAY 18, 1977

• NCJ Number: 43561
• Author(s): ANON
• Date Published: 1977
• Length: 338 pages
• Corporate Author: US Congress
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

THIS DOCUMENT INTRODUCES BILL S. 1382, INTENDED TO PROVIDE A CONSTITUTIONAL PROCEDURE FOR DETERMINING WHETHER THE DEATH PENALTY SHOULD BE IMPOSED IN A SUBCOMMITTEE HEARING.

Abstract

THE MAIN PURPOSE OF THE BILL IS NOT TO SPECIFY THOSE FEDERAL OFFENSES FOR WHICH THE DEATH PENALTY IS TO BE AUTHORIZED, RATHER THE BILL WOULD SIMPLY MODIFY THE LAW TO CORRECT OBVIOUS INCONSISTENCIES OR TO AVOID ANY POTENTIAL CONSTITUTIONAL DIFFICULTIES. FEDERAL LAW AUTHORIZES THE DEATH PENALTY FOR SIX CATEGORIES OF OFFENSES: ESPIONAGE, TREASON, FIRST-DEGREE MURDER, FELONY MURDER, RAPE, AND, IN ONE NARROW INSTANCE, KIDNAPPING (WHEN COMMITTED DURING A BANK ROBBERY). S. 1382 WOULD ELIMINATE THE DEATH PENALTY FOR RAPE, IF NO DEATH RESULTS, AND FOR KIDNAPPING DURING A BANK ROBBERY, IF NO DEATH RESULTS. THE BILL WOULD ALSO LIMIT THE DEATH PENALTY FOR PEACETIME ESPIONAGE TO OFFENSE SITUATIONS INVOLVING NUCLEAR WEAPONRY, MILITARY SPACECRAFT OR SATELLITES, EARLY WARNING SYSTEMS, OR OTHER MEANS OF DEFENSE OR RETALIATION AGAINST LARGE-SCALE ATTACK; WAR PLANS; COMMUNICATIONS INTELLIGENCE OR CRYPTOGRAPHIC INFORMATION; OR ANY OTHER MAJOR WEAPON SYSTEM OR MAJOR ELEMENT OF DEFENSE STRATEGY. THE BILL AUTHORIZES THE DEATH PENALTY FOR CAUSING A DEATH DURING A KIDNAPPING; IT ALSO MAKES THE PENALTY FOR FIRST-DEGREE MURDER OF A FOREIGN OFFICIAL IDENTICAL TO THE GENERAL FIRST-DEGREE MURDER OFFENSE IN SECTION 1111, INCLUDING AUTHORIZATION OF THE DEATH PENALTY.