18 U.S.C. § 3592 : US Code - Section 3592: Mitigating and aggravating factors to be considered in determining whether a sentence of death is justified

Search 18 U.S.C. § 3592 : US Code - Section 3592: Mitigating and aggravating factors to be considered in determining whether a sentence 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 capacity to appreciate
the wrongfulness of the defendant's conduct or to conform conduct
to the requirements of law was significantly impaired, regardless
of whether the capacity was so impaired as to constitute a
defense to the charge.
(2) Duress. - The defendant was under unusual 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
defendant's participation was relatively minor, regardless of
whether the participation was so minor as to constitute a defense
to the charge.
(4) Equally culpable defendants. - Another defendant or
defendants, equally culpable in the crime, will not be punished
by death.
(5) No prior criminal record. - The defendant 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 defendant's
background, record, or character or any other circumstance of the
offense that mitigate against imposition of the death sentence.
(b) Aggravating Factors for Espionage and Treason. - In
determining whether a sentence of death is justified for an offense
described in section 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 treason for which a sentence of either life imprisonment 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 commission of the offense the
defendant knowingly created a grave risk of death to another
person.
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 justified 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 aggravating 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
attempted commission of, or during the immediate flight from the
commission of, an offense under section 32 (destruction of
aircraft or aircraft facilities), section 33 (destruction of
motor vehicles or motor vehicle facilities), section 37 (violence
at international airports), section 351 (violence against Members
of Congress, Cabinet officers, or Supreme Court Justices), an
offense under section 751 (prisoners in custody of institution or
officer), section 794 (gathering or delivering defense
information to aid foreign government), section 844(d)
(transportation of explosives in interstate commerce for certain
purposes), section 844(f) (destruction of Government property by
explosives), 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 (wrecking trains), section 2280
(maritime violence), section 2281 (maritime platform violence),
section 2332 (terrorist acts abroad against United States
nationals), section 2332a (use of weapons of mass destruction),
or section 2381 (treason) of this title, or section 46502 of
title 49, United States Code (aircraft piracy).
(2) Previous conviction of violent felony involving firearm. -
For any offense, other than an offense for which a sentence of
death is sought on the basis of section 924(c), the defendant has
previously been convicted of a Federal or State offense
punishable by a term of imprisonment of more than 1 year,
involving the use or attempted or threatened use of a firearm (as
defined in section 921) against another person.
(3) Previous conviction of offense for which a sentence of
death or life imprisonment was authorized. - The defendant has
previously been convicted of another Federal or State offense
resulting in the death of a person, for which a sentence of life
imprisonment or a sentence of death was authorized by statute.
(4) Previous conviction of other serious offenses. - The
defendant has previously been convicted of 2 or more Federal or
State offenses, punishable by a term of imprisonment of more than
1 year, committed on different occasions, involving the
infliction of, or attempted infliction of, serious bodily injury
or death upon another person.
(5) Grave risk of death to additional persons. - The defendant,
in the commission of the offense, or in escaping apprehension for
the violation of the offense, knowingly created a grave risk of
death to 1 or more persons in addition to the victim of the
offense.
(6) Heinous, cruel, or depraved manner of committing offense. -
The defendant committed the offense in an especially heinous,
cruel, or depraved manner in that it involved torture or serious
physical abuse to the victim.
(7) Procurement of offense by payment. - The defendant procured
the commission of the offense by payment, or promise of payment,
of anything of pecuniary value.
(8) Pecuniary gain. - The defendant committed the offense as
consideration for the receipt, or in the expectation of the
receipt, of anything of pecuniary value.
(9) Substantial planning and premeditation. - The defendant
committed the offense after substantial planning and
premeditation to cause the death of a person or commit an act of
terrorism.
(10) Conviction for two felony drug offenses. - The defendant
has previously been convicted of 2 or more State or Federal
offenses punishable by a term of imprisonment of more than one
year, committed on different occasions, involving the
distribution of a controlled substance.
(11) Vulnerability of victim. - The victim was particularly
vulnerable due to old age, youth, or infirmity.
(12) Conviction for serious federal drug offenses. - The
defendant had previously been convicted of violating title II or
III of the Comprehensive Drug Abuse Prevention and Control Act of
1970 for which a sentence of 5 or more years may be imposed or
had previously been convicted of engaging in a continuing
criminal enterprise.
(13) Continuing criminal enterprise involving drug sales to
minors. - The defendant committed the offense in the course of
engaging in a continuing criminal enterprise in violation of
section 408(c) of the Controlled Substances Act (21 U.S.C.
848(c)), and that violation involved the distribution of drugs to
persons under the age of 21 in violation of section 418 of that
Act (21 U.S.C. 859).
(14) High public officials. - The defendant committed the
offense against -
(A) the President of the United States, the President-elect,
the Vice President, the Vice President-elect, the Vice
President-designate, or, if there is no Vice President, the
officer next in order of succession to the office of the
President of the United States, or any person who is acting as
President under the Constitution and laws of the United States;
(B) a chief of state, head of government, or the political
equivalent, of a foreign nation;
(C) a foreign official listed in section 1116(b)(3)(A), if
the official is in the United States on official business; or
(D) a Federal public servant who is a judge, a law
enforcement officer, or an employee of a United States penal or
correctional institution -
(i) while he or she is engaged in the performance of his or
her official duties;
(ii) because of the performance of his or her official
duties; or
(iii) because of his or her status as a public servant.
For purposes of this subparagraph, a "law enforcement officer"
is a public servant authorized by law or by a Government agency
or Congress to conduct or engage in the prevention,
investigation, or prosecution or adjudication of an offense,
and includes those engaged in corrections, parole, or probation
functions.
(15) Prior conviction of sexual assault or child molestation. -
In the case of an offense under chapter 109A (sexual abuse) or
chapter 110 (sexual abuse of children), the defendant has
previously been convicted of a crime of sexual assault or crime
of child molestation.
(16) Multiple killings or attempted killings. - The defendant
intentionally killed or attempted to kill more than one person in
a single criminal episode.
The jury, or if there is no jury, the court, may consider whether
any other aggravating factor for which notice has been given
exists.
(d) Aggravating Factors for Drug Offense Death Penalty. - In
determining whether a sentence of death is justified for an offense
described in section 3591(b), 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) Previous conviction of offense for which a sentence of
death or life imprisonment was authorized. - The defendant has
previously been convicted of another Federal or State offense
resulting in the death of a person, for which a sentence of life
imprisonment or death was authorized by statute.
(2) Previous conviction of other serious offenses. - The
defendant has previously been convicted of two or more Federal or
State offenses, each punishable by a term of imprisonment of more
than one year, committed on different occasions, involving the
importation, manufacture, or distribution of a controlled
substance (as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802)) or the infliction of, or attempted
infliction of, serious bodily injury or death upon another
person.
(3) Previous serious drug felony conviction. - The defendant
has previously been convicted of another Federal or State offense
involving the manufacture, distribution, importation, or
possession of a controlled substance (as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802)) for which a
sentence of five or more years of imprisonment was authorized by
statute.
(4) Use of firearm. - In committing the offense, or in
furtherance of a continuing criminal enterprise of which the
offense was a part, the defendant used a firearm or knowingly
directed, advised, authorized, or assisted another to use a
firearm to threaten, intimidate, assault, or injure a person.
(5) Distribution to persons under 21. - The offense, or a
continuing criminal enterprise of which the offense was a part,
involved conduct proscribed by section 418 of the Controlled
Substances Act (21 U.S.C. 859) which was committed directly by
the defendant.
(6) Distribution near schools. - The offense, or a continuing
criminal enterprise of which the offense was a part, involved
conduct proscribed by section 419 of the Controlled Substances
Act (21 U.S.C. 860) which was committed directly by the
defendant.
(7) Using minors in trafficking. - The offense, or a continuing
criminal enterprise of which the offense was a part, involved
conduct proscribed by section 420 of the Controlled Substances
Act (21 U.S.C. 861) which was committed directly by the
defendant.
(8) Lethal adulterant. - The offense involved the importation,
manufacture, or distribution of a controlled substance (as
defined in section 102 of the Controlled Substances Act (21
U.S.C. 802)), mixed with a potentially lethal adulterant, and the
defendant was aware of the presence of the adulterant.
The jury, or if there is no jury, the court, may consider whether
any other aggravating factor for which notice has been given
exists.