Standard Decision Submissions

Any case falling outside the

J.M. § 9-10.070

criteria must be reviewed by the Committee, regardless of whether the United States Attorney or Assistant Attorney General recommends seeking the death penalty. A United States Attorney or Assistant Attorney General contemplating a request for authorization to seek the death penalty or undecided on the matter should, except where contrary to the interests of the Government, give defense counsel a reasonable opportunity to present information for consideration under this Chapter. The United States Attorney or Assistant Attorney General need not solicit input from a defendant prior to submitting a no-seek recommendation when the facts and circumstances known to the United States Attorney or Assistant Attorney General support that recommendation regardless of what mitigation may exist.

The United States Attorney or Assistant Attorney General shall submit recommendations under this Section to the CCS with the following materials:

(A)

Prosecution memorandum

. This should be sufficiently detailed to fully inform reviewers of the basis for the recommendation but generally need not exceed ten pages. It should not include demographic information (e.g., race, religion, ethnicity, etc.) about the defendant(s) or victim(s), unless such information is necessary to understand the crime and/or investigation. The memorandum should include:

(1) Deadlines. At the outset, identify any considerations that could affect the timing of the review process including but not limited to any court-established deadline for commencing trial or filing a notice of intent to seek the death penalty.

(2) A brief narrative summary of facts and separate delineation of supporting evidence. Where necessary for clarity or accuracy, a chart of the evidence by offense and offender should be appended.

(3) Discussion of any relevant prosecutorial considerations, including information required to assess the relative culpability of potential cooperators, as further explained in

J.M. § 9-10.120

.

nalty.

(2) A brief narrative summary of facts and separate delineation of supporting evidence. Where necessary for clarity or accuracy, a chart of the evidence by offense and offender should be appended.

(3) Discussion of any relevant prosecutorial considerations, including information required to assess the relative culpability of potential cooperators, as further explained in

J.M. § 9-10.120

.

(4) Discussion of the federal interest in bringing charges.

(5) Discussion of the standards for determination as set forth in

J.M. § 9-10.140

. The memorandum must identify applicable threshold intent factors under 18 U.S.C. § 3591, applicable statutory aggravating factors under 18 U.S.C. § 3592(b)-(d), and applicable mitigating factors under § 3592(a). In addition, the United States Attorney or Assistant Attorney General should explain whether the aggravating factor(s) found to exist sufficiently outweigh the mitigating factor(s) found to exist to justify a sentence of death, or in the absence of mitigating factors, whether the aggravating factor(s) alone are sufficient to justify a sentence of death.

(6) Background and criminal record of the capital-eligible defendant(s).

(7) Background and criminal record of the victim(s).

(8) Victim impact. Views of the victim’s family on seeking the death penalty and other victim impact evidence should be provided (

see

J.M. § 9-10.100

(regarding consultations with the victim’s family)).

(9) Foreign citizenship. Identify the defendant’s citizenship status and discuss whether the requirements of the Vienna Convention on Consular Relations have been satisfied (

see

J.M. § 9-2.173

and Fed. R. Crim. Pro. 5(d)(1)(F)).

ctim’s family on seeking the death penalty and other victim impact evidence should be provided (

see

J.M. § 9-10.100

(regarding consultations with the victim’s family)).

(9) Foreign citizenship. Identify the defendant’s citizenship status and discuss whether the requirements of the Vienna Convention on Consular Relations have been satisfied (

see

J.M. § 9-2.173

and Fed. R. Crim. Pro. 5(d)(1)(F)).

(10) Recommendation and rationale for whether the death penalty should be sought.

(B)

Death-penalty evaluation form

. This standardized death penalty evaluation form, available on CCS’s website, must be completed by the United States Attorney or Assistant Attorney General for each charged defendant.

(C)

Non-decisional information form

. This form, available on CCS’s website, should be submitted separately to the CCS-Non-Decisional email address.

(D)

Indictment

. Copies of the current and proposed indictment should be attached. As described in

J.M. § 9-10.090

, indictments should, if applicable, include the special findings necessary for the death penalty to be authorized by statute.

(E)

Draft notice of intention to seek the death penalty

. This document is to be included in the submission only if the United States Attorney or Assistant Attorney General recommends seeking the death penalty.

(F)

Materials provided by defense counsel

. Materials provided by defense counsel as part of the death penalty review process should be submitted to the CCS on an ongoing basis.

(G)

Point-of-contact

. The name of the assigned attorney in the United States Attorney's Office or Department component who is responsible for communicating with the CCS about the case should be provided.

(H)

Relevant court decisions

. The point-of-contact has a continuing obligation to update the CCS about developments in scheduling or other material aspects of the case.

CS on an ongoing basis.

(G)

Point-of-contact

. The name of the assigned attorney in the United States Attorney's Office or Department component who is responsible for communicating with the CCS about the case should be provided.

(H)

Relevant court decisions

. The point-of-contact has a continuing obligation to update the CCS about developments in scheduling or other material aspects of the case.

The prosecution memoranda, death penalty evaluation forms, non-decisional information forms, and any other internal memoranda informing the review process and the Department's decision are not subject to discovery by the defendant or the defendant's attorney.

See

Fed. R. Crim. P. 16(a)(2).

[Updated June 2026]