Summary: H.R.2851 — 102nd Congress (1991-1992)All Information (Except Text)

There is one summary for H.R.2851. Bill summaries are authored by CRS.

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Introduced in House (07/10/1991)

Fairness in Death Sentencing Act of 1991 - Amends the Federal judicial code to prohibit the implementation of a sentence of death that was imposed based on race.

Specifies that an inference that race was the basis of a death sentence is established if valid evidence is presented demonstrating that, at the time such sentence was imposed, race was a statistically significant factor in decisions to seek or to impose the death sentence in the jurisdiction in question.

Provides that evidence relevant to establishing such inference may include evidence that death sentences were, at the pertinent time, being imposed significantly more frequently in the jurisdiction in question: (1) upon persons of one race than upon persons of another race; or (2) as punishment for capital offenses against persons of one race than as punishment for capital offenses against persons of another race.

Directs the court to determine the validity of any statistical evidence presented to establish such inference and if it provides a basis for such inference. Specifies that such evidence must take into account, to the extent it is compiled and made publicly available, evidence of the statutory aggravating factors of the crimes involved and must include comparisons of similar cases involving persons of different races.

Bars the implementation of the death sentence unless the Government rebuts such inference by a preponderance of the evidence.

Requires that data collected by public officials concerning factors relevant to the imposition of the death sentence be made publicly available.

Sets forth provisions with respect to the enforcement of this Act.

Specifies that no person shall be barred from raising any claim under this Act on the ground of having failed to raise or prosecute the same or a similar claim before the enactment of this Act, nor by reason of any adjudication rendered before such enactment.