HR 5274 · 96th Congress · Crime and Law Enforcement
A bill to amend the Federal Rules of Criminal Procedure and the Federal Rules of Appellate Procedure to provide for post-conviction proceedings in certain criminal cases.
Bill Progress
✓
Introduced2
Committee3
House Vote4
Senate5
EnactedLatest: Referred to House Committee on the Judiciary.(1979-09-13)
Plain Language Summary
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Amends the Federal Rules of Criminal Procedure to add the following new title: "Title XI. Sentencing in Capital Cases", and amends the Federal Rules of Appellate Procedure to add the title: "Title VIII. Review of a Sentence of Death". Allows a person to be sentenced to death for a violation of Federal law only if a separate hearing is conducted before the jury that determined the defendant's guilt or by a jury impaneled for such purpose. Allows the defendant to waive the hearing before a jury by motion and with court approval. Permits mitigating information to be presented at the hearing regardless of its admissibility under the rules of evidence. Applies such rules to the presentation of aggravating information. Requires the defendant to establish by a preponderance of the evidence that mitigating factors exist. Requires the Government to establish beyond a reasonable doubt that aggravating factors exist. Allows a jury to recommend the death sentence only if every member: (1) finds beyond a reasonable doubt that the defendant intended that the life of any person be taken and that any person did die as a direct result of the offense; (2) finds that at least one aggravating circumst…
Summarized by Claude AI · Non-partisan · For informational purposes only