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Death Penalty Evaluation Form for Espionage and Treason

Death Penalty Evaluation Form for Espionage and Treason under Title 18 (see 18 U.S.C. § 3591 (b)) 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 espionage or treason. 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. STATUTORY AGGRAVATING FACTORS (18 U.S.C. § 3592(b)). Require proof beyond a reasonable doubt. ____ 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 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. III. NON-STATUTORY AGGRAVATING FACTORS (18 U.S.C. § 3593(a)). Require proof beyond a reasonable doubt. In addition to the factors below, you should consider whether statutory aggravating factors found in 3592 (c) or (d) or 21 U.S.C. § 848 (n) could apply as non-statutory factors here. _____ 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) -- 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. ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ __________________ V. 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]