18 U.S.C. § 3596 — Implementation of a sentence of death
submitted 32 years ago by Pub. L. 103-322 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 221 words · no verdicts yet
This section establishes who controls a federal death sentence, where it is carried out, and two limits on carrying it out.
(a) In General. A person sentenced to death under this chapter stays in the Attorney General’s custody until appeals of the conviction and review of the sentence are finished. When the sentence is to be carried out, the Attorney General releases the person to a United States marshal, who supervises it under the law of the sentencing State. If that State has no procedure for carrying out a death sentence, the court designates another State that does, and the sentence is carried out there under that State’s law.
(b) Pregnant Woman. A death sentence may not be carried out while the woman is pregnant.
(c) Mental Capacity. A death sentence may not be carried out on a person who is mentally retarded or who, because of a mental disability, cannot understand the death penalty and why it was imposed.
A person who has been sentenced to death pursuant to this chapter shall be committed to the custody of the Attorney General until exhaustion of the procedures for appeal of the judgment of conviction and for review of the sentence. When the sentence is to be implemented, the Attorney General shall release the person sentenced to death to the custody of a United States marshal, who shall supervise implementation of the sentence in the manner prescribed by the law of the State in which the sentence is imposed. If the law of the State does not provide for implementation of a sentence of death, the court shall designate another State, the law of which does provide for the implementation of a sentence of death, and the sentence shall be implemented in the latter State in the manner prescribed by such law.
A sentence of death shall not be carried out upon a woman while she is pregnant.
A sentence of death shall not be carried out upon a person who is mentally retarded. A sentence of death shall not be carried out upon a person who, as a result of mental disability, lacks the mental capacity to understand the death penalty and why it was imposed on that person.
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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