Before/immediately following indictment, this form is to be prepared by
the lead AUSA in any case in which the Government intends to or could charge a
defendant with a homicide offense under Titles 8, 18, or 49, U.S. Code, which
is subject to the penalty of death.
DISTRICT:_________________________________________________________
COURT DOCKET NO.:_______________________________________________
DEFENDANT NAME:________________________________________________
AUSA(s):___________________________________________________________
I. CAPITAL CHARGES: Specify the Title(s), Section(s), and
subsection(s) of the U.S. Code for each death penalty-eligible offense that is
charged or could be charged.
| Title | Section | Subsection | Victim | Offense Date
| | | | | |
| | | | | |
| | | | | |
| | | | | | |
II. INTENT FACTORS (18 U.S.C. § 3591(a)(2)). Require proof
beyond a reasonable doubt.
_____ (A) The defendant intentionally killed the victim;
_____ (B) The defendant intentionally inflicted serious bodily
injury that resulted in the death of the victim;
_____ (C) The defendant 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) The defendant 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 offense, such that participation in the
act constituted a reckless disregard for human life and the
victim died as a direct result of the act.
III. STATUTORY AGGRAVATING FACTORS (18 U.S.C. § 3592(c)). Require
proof beyond a reasonable doubt.
____ 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
one of the following Sections:
under Title 18:
____ 32 (destruction of aircraft or aircraft
facilities),
____ 33 (destruction of motor vehicles or motor
vehicle facilities),
____ 36 (violence at international airports),
____ 351 (violence against Members of Congress,
Cabinet Officers, or Supreme Court Justices),
____ 751 (prisoners in custody of institution or
officer),
____ 794 (gathering or delivering defense information
to aid foreign government),
____ 844 (d) (transportation of explosives in
interstate commerce for certain purposes),
____ 844 (f) (destruction of Government property by
explosives),
____ 1118 (prisoners serving life term),
____ 1201 (kidnaping),
____ 844 (i) (destruction of property affecting
interstate commerce by explosives),
____ 1116 (killing or attempted killing of diplomats),
____ 1203 (hostage taking),
____ 1992 (wrecking trains),
____ 2280 (maritime violence),
____ 2281 (maritime platform violence),
____ 2332 (terrorist acts abroad against U.S.
Nationals),
____ 2339 (use of weapons of mass destruction),
____ 2381 (treason),
under Title 49:
____ 1472 (i) (aircraft piracy within special aircraft
jurisdiction), and/or
____ 1472 (n) (aircraft piracy outside special
aircraft jurisdiction).
____ 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 18
U.S.C. § 924(c), the defendant has previously been
convicted of a Federal or State offense punishable by a term
of imprisonment of more than one year, involving the use or
attempted or threatened use of a firearm (as defined in 18
U.S.C. § 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 death was
authorized by statute.
____ 4. 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 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 offense, knowingly created a grave risk
of death to one or more persons in addition to the victim of
the offense.
____ 6. Heinous, cruel or depraved manner of committing the
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 the offense by payment -- The
defendant procured the commission of the offense by payment,
or promise of payment, of anything of pecuniary value.
____ 8. Commission of the offense for 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. Previous conviction of two felony drug 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 distribution of a controlled
substance.
____ 11. Vulnerability of the victim -- The victim was
particularly vulnerable due to old age, youth, or infirmity.
____ 12. Previous conviction of serious Federal drug offense
-- The defendant has previously been convicted of violating
Title II or Title III of the Controlled Substances Act (21
U.S.C. § 801, et seq.) for which a sentence of five or
more years imprisonment may be imposed or has previously
been convicted of engaging in a continuing criminal
enterprise (21 U.S.C. § 848(c)).
____ 13. Continuing criminal enterprise involving distribution to
minors -- The defendant committed the offense in the
course of engaging in a continuing criminal enterprise in
violation of [21 U.S.C. § 848(c)] and that violation
involved the distribution of drugs to persons under the age
of 21 in violation of [21 U.S.C. § 859].
____ 14. High public officials—The defendant committed
the offense against-
____ (A) the President, President-elect, Vice President,
Vice President-elect, Vice President-designate,
officer next in the order of succession to the
Presidency (if there is no Vice President), or any
person acting as President under the Constitution and
laws;
____ (B) a Chief of State, head of government, or the
political equivalent, of a foreign nation;
____ (C) a foreign official listed in 18 U.S.C. §
1116(b)(3)(A), if the official is in the United States
on official business;
____ (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 engaged in the performance of
official duties,
___ (ii) because of the performance of official
duties, or
___ (iii) because of 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, prosecution, or adjudication of
an offense, and includes those engaged in
corrections, parole, or probation functions. 18
U.S.C. § 3592(c)(14).
____ 15. Prior conviction of sexual assault or child
molestation -- In the case of an offense under chapter
109A (sexual abuse) [18 U.S.C. § 2241, et seq.] or
chapter 110 (sexual exploitation and other abuse of
children) [18 U.S.C. § 2251, et seq.], 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 killed or attempted to kill more than one person
in a single criminal episode.
IV. NON-STATUTORY AGGRAVATING FACTORS (18 U.S.C. § 3593(a)).
Require proof beyond a reasonable doubt.
_____ 1. Participation in additional uncharged murders,
attempted murders, or other serious acts of violence.
_____ 2. Obstruction of justice. The victim was killed in an
effort by the defendant to obstruct justice, tamper with a
witness or juror, or in retaliation for cooperating with
authorities.
_____ 3. Contemporaneous convictions for multiple
murders, attempted murders, or other serious acts of
violence.
_____ 4. Future dangerousness to the lives and safety of other
persons, as evidenced by one or more of the following:
____ a. specific threats of violence,
____ b. continuing pattern of violence,
____ c. specific admissions of violence,
____ d. low rehabilitative potential,
____ e. lack of remorse,
____ f. mental evaluation, and/or
____ g. custody classification (escape risk).
_____ 5. Victim impact evidence concerning the effect of the
offense on the victim and the victim's family as evidenced
by oral testimony or a victim impact statement.
V. STATUTORY MITIGATING FACTORS (18 U.S.C. § 3592 (a)(1)-(7)). Identify
factors that you expect the defendant will be able to prove at a sentencing
proceeding by a preponderance of the evidence or that are reasonably
raised by the evidence.
_____ 1. Impaired capacity -- The defendant's capacity to
appreciate the wrongfulness of conduct or to conform conduct
to the requirements of the 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 does 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 (or non-statutory mitigating factors) รพ
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.
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
__________________________________________
VI. FEDERAL INTEREST. Identify the federal interest underlying the
prosecution.
_____ 1. Exclusive federal jurisdiction
_____ 2. Involves uniquely federal victim, defendant or location
_____ 3. Interstate criminal activity
_____ 4. State can't prosecute multiple crimes/counts in one
prosecution
_____ 5. Extensive use of Federal investigative resources
_____ 6. Advantageous Federal evidentiary or procedural rules
_____ 7. State doesn't have investigative grand jury
_____ 8. Prosecution at request or by agreement with state
_____ 9. Memorandum of understanding
_____ 10. Other. Please specify._____________________
[updated April 2004] |