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 an offense as described under 18 U.S.C. § 3591(b)
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. STATUTORY AGGRAVATING FACTORS (18 U.S.C. § 3592(d)).
Require proof beyond a reasonable doubt.
____ 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 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 importation, manufacture, or
distribution of a controlled substance (as defined in 21
U.S.C. § 802) or infliction of, or attempted infliction
of, serious bodily injury or death upon another person.
____ 3. Previous serious felony drug 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 21 U.S.C. § 802) for which a sentence of
five or more years of imprisonment was authorized by
statute.
____ 4. Use of a 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 (as defined
in 18 U.S.C. § 921) 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 twenty-one -- The
offense, or a continuing criminal enterprise of which the
offense was a part, involved conduct proscribed by 21 U.S.C.
§ 859 (distribution of a controlled substance to a
person under 21) 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 21 U.S.C. § 860
(distribution or manufacture of a controlled substance
within 1,000 feet of a school) which was committed directly
by the defendant.
____ 7. Using minors in drug trafficking þ The offense, or a
continuing criminal enterprise of which the offense was a
part, involved conduct proscribed by 21 U.S.C. § 861
(employment of a person under age 21 in a controlled
substance violation) 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 21 U.S.C. § 802) mixed with a
potentially lethal adulterant, and the defendant was aware
of the presence of the adulterant.
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 seriours 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) þ
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] |