Statement of Charles J Cooper Before the United States Sentencing Commission Concerning the Statutory Authority of the Sentencing Commission to Promulgate Capital Sentencing Guidelines on February 17, 1987

• NCJ Number: 104854
• Author(s): C J Cooper
• Date Published: 1987
• Length: 5 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Language: English
• Country: United States of America

Annotation

An Assistant U.S. Attorney General cites the legislative history of the Sentencing Reform Act of 1984 in arguing that the death penalty is still an authorized sanction for certain crimes under Federal law.

Abstract

The exception stated in section 3551(a) of the law says that an offense is within the scope of the Sentencing Reform Act unless the statute defining the offense specifically states that the provisions of the Act are inapplicable. All but one of the existing Federal death penalty provisions do not specifically make the Sentencing Reform Act inapplicable. Thus, the Act requires that defendants convicted of capital offenses be sentenced in accordance with the Act. That section's omission of the death penalty from its list of authorized sanctions does not mean an implied repeal of the Federal death penalty. The legislative history shows conclusively that Congress did not intend to repeal the death penalty. In addition, section 994 of the Act appears to authorize the United States Sentencing Commission to promulgate guidelines for capital sentencing, even though it does not make express reference to capital sentencing guidelines. It seems clear that sentencing courts would be obligated to abide by guidelines established by the Commission.