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1 Amending Section 801 of the Act Establishing a Code of Law for the District of Columbia: Report to Accompany H.R. 5143 1 (1961)

handle is hein.death/coldc0001 and id is 1 raw text is: S7TH CONGREss     HOUSE OF 1REPRESENTATIVES              REPORT
1st Session   t                                       No. 677
AMENDING SECTION 801 OF THE ACT ESTABLISHING A
CODE OF LAW       FOR THE DISTRICT OF COLUMBIA
JUNE 29, 1961.-Referred to the 1louse Calendar and ordered to be printed
Mr. i\lCMILLAN, from the Committee on the District of Columbia,
submitted the following
REPORT
[To acompany I.11. 5143]
The Committee on the Ditrict. of Columbia, to whom was referred
the bill (1.R. 5143) to amend section 801 of the act entitled An Act
to establish a, code of law for the District of Columbia, approved
March 3, 1901, having considered the same, report favorably thereon
with amiendments and recommend that the bill, I.R. 5143, as amended
do pass.
The amendments nre as follows:
On page 2, lines 12 and 13, strike ihe following:
The provisions of this legislation shall be applicable to all
defendants sentenced following the effective date hereof.
On page 2, line 14. insert, a quotation mark before the word Cases.
On pagre 2, line 15, following the word of and before the word
re-entence isert . sentence or.
The purpose of the egisliolion in question is to nbolish mlan(latory
capital punishlent. for first degree murder in the District of Colunbia.
Tie District is the oily jurisdiction, State or Federal, which retains
the mllatorv denth pennltv for first degree iumuder. II most State
jiiris(ictions :Is well aIs il tlie Fedceral criminal law (iS U.S.C. I11 )
alliilicahblc outside tIIe istiict of      aolunii, tpital 1uiiishment is
JIlica issi ye. In iost Statec ns well as in Federal law, generally, the
penalty for first, degree IIIuI'del, is denti unless the Jury recnmilnends
life iiprisonment. That is what this legislation would accom)plish.
This legislation in ('onfolit.V  with the lrlactice iT) so 1e of t,!]( States
woulld authorize and empower tlie trial judge, i) tile event, of a dis-
agreemietit among the juro rs as to punishment only, to im13pose sen-
tence wlhich could be cither death or life imprisonnent. The com-
Inittee has examined the opinion of lhe Supreme Court in tle. Amlrdes
72006

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