18 U.S.C. § 3595 — Review of a sentence of death
submitted 32 years ago by Pub. L. 103-322 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 350 words · no verdicts yet
This section provides appellate review of a death sentence and states when the sentence must be sent back for reconsideration.
(a) Appeal. A death sentence is reviewable by the court of appeals on the defendant’s appeal. The appeal notice must be filed within the ordinary deadline. The appeal may be combined with the conviction appeal and takes priority over other cases.
(b) Review. The court of appeals must review the entire record, including (1) trial evidence, (2) sentencing-hearing information, (3) hearing procedures, and (4) section 3593(d) special findings.
(c)(1) Decision and Disposition. The court must address every substantive and procedural issue raised and decide whether passion, prejudice, or another arbitrary factor influenced the death sentence and whether the evidence supports the required section 3592 aggravating-factor finding. (2) If the court finds (A) such improper influence, (B) insufficient admissible evidence or information for the required factor, or (C) another properly preserved legal error requiring reversal, it must remand for section 3593 reconsideration or a nondeath sentence. It may not reverse for a harmless error, including an incorrect aggravating-factor finding, if the government proves beyond a reasonable doubt that the error was harmless. (3) The court must state in writing why it disposed of the appeal as it did.
In a case in which a sentence of death is imposed, the sentence shall be subject to review by the court of appeals upon appeal by the defendant. Notice of appeal must be filed within the time specified for the filing of a notice of appeal. An appeal under this section may be consolidated with an appeal of the judgment of conviction and shall have priority over all other cases.
The court of appeals shall review the entire record in the case, including—
the evidence submitted during the trial;
the information submitted during the sentencing hearing;
the procedures employed in the sentencing hearing; and
the special findings returned under section 3593(d).
The court of appeals shall address all substantive and procedural issues raised on the appeal of a sentence of death, and shall consider whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor and whether the evidence supports the special finding of the existence of an aggravating factor required to be considered under section 3592.
Whenever the court of appeals finds that—
the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor;
the admissible evidence and information adduced does not support the special finding of the existence of the required aggravating factor; or
the proceedings involved any other legal error requiring reversal of the sentence that was properly preserved for appeal under the rules of criminal procedure,
the court shall remand the case for reconsideration under section 3593 or imposition of a sentence other than death. The court of appeals shall not reverse or vacate a sentence of death on account of any error which can be harmless, including any erroneous special finding of an aggravating factor, where the Government establishes beyond a reasonable doubt that the error was harmless.
The court of appeals shall state in writing the reasons for its disposition of an appeal of a sentence of death under this section.
Source credit: (Added Pub. L. 103–322, title VI, § 60002(a), Sept. 13, 1994, 108 Stat. 1967.)
- 1994Enacted · Pub. L. 103-322 · 108 Stat. 1967
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-322 on 1994-09-13.
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