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Before obtaining an indictment for an offense subject to the death penalty, the United States Attorney or Assistant United States Attorney assigned to the case should consult with the Capital Case Unit of the Criminal Division regarding the inclusion in the indictment of the statutory factors that render the offense death penalty-eligible. Prior to filing or amending a notice of intent to seek the death penalty in a case in which the Attorney General has decided to seek the death penalty, the Capital Case Unit must approve the notice or the proposed amendment.
Attorneys in the Capital Case Unit and other appropriate sections can alert prosecutors to current issues in the prosecution of capital cases and provide them with resources that will assist in the preparation for trial and for the punishment hearing.
November 2003 | Criminal Resource Manual 70 |
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