Page:United States Statutes at Large Volume 108 Part 3.djvu/208

 108 STAT. 1960 PUBLIC LAW 103-322—SEPT. 13, 1994 "(1) an offense referred to in section 408(c)(1) of the Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as part of a continuing criminal enterprise offense under the conditions described in subsection (b) of that section which involved not less than twice the quantity of controlled substance described in subsection (b)(2)(A) or twice the gross receipts described in subsection (b)(2)(B); or "(2) an offense referred to in section 408(c)(1) of the Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as part of a continuing criminal enterprise offense under that section, where the defendant is a principal administrator, organizer, or leader of such an enterprise, and the defendant, in order to obstruct the investigation or prosecution of the enterprise or an offense involved in the enterprise, attempts to kill or knowingly directs, advises, authorizes, or assists another to attempt to kill any public officer, juror, witness, or members of the family or household of such a person, shall be sentenced to death if, after consideration of the factors set forth in section 3592 in the course of a hearing held pursuant to section 3593, it is determined that imposition of a sentence of death is justified, except that no person may be sentenced to death who was less than 18 years of age at the time of the offense. in determining whether a sentence of death is justified " (a) MITIGATING FACTORS. —In determining whether a sentence of death is to be imposed on a defendant, the finder of fact shall consider any mitigating factor, including the following: "(1) IMPAIRED CAPACITY. —The defendant's capacity to appreciate the wrongfulness of the defendant's conduct or to conform conduct to the requirements of 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 did 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.— 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. " (b) AGGRAVATING FACTORS FOR ESPIONAGE AND TREASON. — In determining whether a sentence of death is justified for an
 * § 3592. Mitigating and aggravating factors to be considered

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