United States v. Jackson (390 U.S. 570)

The Federal Kidnapping Act provides that interstate kidnappers "shall be punished (1) by death if the kidnapped person has not been liberated unharmed, and if the verdict of the jury shall so recommend, or (2) by imprisonment for any term of years or for life, if the death penalty is not imposed." The District Court dismissed the count of an indictment charging appellees with violating the Act because it makes "the risk of death" the price for asserting the right to trial by jury and thus "impairs... free exercise" of that constitutional right. The Government appealed directly to this Court.

Held: The death penalty clause imposes an impermissible burden upon the exercise of a constitutional right, but that provision is severable from the remainder of the Act and the unconstitutionality of that clause does not require the defeat of the Act as a whole. Pp. 572-591.

262 F. Supp. 716, reversed and remanded.

Ralph S. Spritzer argued the cause for the United States. With him on the briefs were Solicitor General Griswold, Assistant Attorney General Vinson, Richard A. Posner, Beatrice Rosenberg and Marshall Tamor Golding.

Steven B. Duke argued the cause for appellees. With him on the brief for appellee Jackson was ''Stephen I. Traub. Ira B. Grudberg'' was on the brief for appellee Walsh.