Death penalty sentencing procedure for aircraft piracy

§ 46503. Death penalty sentencing procedure for aircraft piracy (a) Government Stipulations.—An individual convicted of violating section 46502 of this title may not be sentenced to death if the United States Government stipulates that at least one of the mitigating factors specified in subsection (c)(1) of this section exists or none of the aggravating factors specified in subsection (c)(2) of this section exists. If the Government does not stipulate, the judge presiding at the trial or accepting the guilty plea of the individual shall hold a separate hearing to decide on the punishment to be imposed. (b) Punishment Hearings.—(1) The hearing under this section shall be conducted— (A) before the jury that found the defendant guilty; (B) before a jury impaneled for the hearing when— (i) the defendant was convicted by a guilty plea; (ii) the defendant was convicted by a judge without a jury; or (iii) the jury finding the defendant guilty was discharged by the judge for good cause; or (C) before the judge, on motion of the defendant and with the approval of the judge and the Government. (2) At the hearing, the judge shall disclose to the defendant or counsel for the defendant all material contained in any presentence report, except material the judge decides is required to be withheld to protect human life or national security. Presentence information withheld from the defendant may not be considered in deciding whether the factors specified in subsection (c) of this section exist. (3) Information relevant to the mitigating factors specified in subsection (c)(1) of this section may be presented by the Government or the defendant without regard to the rules governing the admissibility of evidence at criminal trials. The burden of establishing the existence of a mitigating factor specified in subsection (c)(1) is on the defendant. (4) Information relevant to the aggravating factors specified in subsection (c)(2) of this section is admissible only under rules governing the admissibility of evidence at criminal trials. The burden of establishing the existence of an aggravating factor specified in subsection (c)(2) is on the Government. (5) The Government and the defendant may rebut information presented at the hearing. They shall be given an opportunity to 108 STAT. 1243present arguments on the adequacy of the information to establish the existence of the factors specified in subsection (c) of this section. (c) Mitigating and Aggravating Factors.—(1) The judge may not impose the death penalty on a defendant if the jury or, if there is no jury, the judge finds under this section that at the time of the violation of section 46502 of this title— (A) the defendant was not yet 18 years of age; (B) the capacity of the defendant to appreciate the wrongfulness of the defendant’s conduct or to conform the defendant’s conduct to the requirements of law was impaired significantly, but the capacity was not impaired sufficiently to be a defense to prosecution; (C) the defendant was under unusual and substantial duress, but the duress was not sufficient to be a defense to prosecution; (D) the defendant was a principal (as defined in section 2(a) of title 18) in a violation committed by another individual, but the participation of the defendant was relatively minor, although not sufficiently minor to be a defense to prosecution; or (E) the defendant reasonably could not have foreseen that the conduct of the defendant in the violation would cause or create a grave risk of causing death to another individual. (2) If none of the factors specified in paragraph (1) of this subsection exists, the judge shall impose the death penalty on the defendant if the jury or, if there is no jury, the judge finds under this section that— (A) the death of another individual resulted from the violation after the defendant had seized or exercised control of the aircraft; or (B) the death of another individual resulted from the violation and— (i) the defendant has been convicted of another United States or State offense (committed before or at the time of the violation) for which punishment of life imprisonment or death could be imposed; (ii) the defendant has been convicted of at least 2 United States or State offenses with a penalty of more than one year of imprisonment (committed on different occasions before the time of the violation) that involved inflicting serious bodily injury on another individual; (iii) in committing the violation, the defendant knowingly created a grave risk of death to an individual in addition to the individual whose death resulted from the violation; or (iv) the defendant committed the violation in an especially heinous, cruel, or depraved manner. (d) Death Penalty Requirements.—(1) If the jury or, if there is no jury, the judge finds by a preponderance of the information that none of the mitigating factors specified in subsection (c)(1) of this section exists and that at least one of the aggravating factors specified in subsection (c)(2) of this section exists, the judge shall impose the death penalty on the defendant. If the jury or judge finds that at least one of the mitigating factors specified in subsection (c)(1) exists, or that none of the aggravating factors specified in subsection (c)(2) exists, the judge may not impose the 108 STAT. 1244death penalty on the defendant but shall impose another penalty provided for the defendant’s violation of section 46502 of this title. (2) The jury or, if there is no jury, the judge shall return a special verdict containing findings on whether each of the factors specified in subsection (c) of this section exists.