Fatal Drug Crimes Act of 1988

[AI summary unavailable — showing source text] Fatal Drug Crimes Act of 1988 - Amends the Controlled Substances Act to provide that in the case of a violation involving any controlled substance in schedule I or II, other than marijuana, if death results from the use of such substance, such person shall be subject to the death penalty or life imprisonment. Sets forth procedures for the imposition of the death penalty. Prohibits sentencing to death any person under 18 years of age at the time of the offense. Sets forth mitigating factors to be considered by the jury or the court in determining whether a sentence of death is justified. Includes as aggravating factors to be considered: (1) previous convictions for Controlled Substances Act violations; and (2) the creation of a grave risk to persons other than the victim. Requires the Government, for such offense, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, disclosing that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty. Allows the defendant and the Government to pr…