{ "id": "R41606", "type": "CRS Report", "typeId": "REPORTS", "number": "R41606", "active": true, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 388270, "date": "2011-05-31", "retrieved": "2016-04-06T22:04:58.669545", "title": "Murder or Attempted Murder of a Member of Congress and Other Federal Officials and Employees: Implications in Federal Criminal Law and Procedure of Events in Tucson", "summary": "Jared Lee Loughner was arrested for the attempted murder of Representative Gabrielle Giffords, the murder of United States District Court Judge John Roll, and the murder or attempted murder of several federal employees. The arrest brings several features of federal law to the fore.\nFederal crimes of violence are usually violations of the law of the state where they occur; an offender may be tried in either federal or state court or both. Ordinarily, federal crimes must be tried where they occur, but in extraordinary cases a defendant\u2019s motion for a change of venue may be granted. In capital cases, the decision to seek the death penalty rests with the Attorney General. Should a defendant elect to assert an insanity defense, he must provide pretrial notification. In the face of that notice, the court may order an examination to determine the defendant\u2019s competence to stand trial. Federal law affords victims, including families of the deceased or incapacitated, the right to confer with prosecutors, and to attend the trial and other public judicial proceedings.\nDefendants, convicted of a murder for which the prosecution seeks the death penalty, are entitled to a jury determination of whether they acted with the intent necessary to qualify for the death penalty and whether the balance of aggravating and any mitigating factors are sufficient to warrant the jury\u2019s recommendation that the defendant be put to death. Defendants, convicted of attempted murder or some other noncapital offense, are sentenced by the court without the benefit of a jury. Sentencing in such cases begins with the federal Sentencing Guidelines, from whose recommendations a sentencing court may depart only with reasonable justification.\nComparable provisions of state law are beyond the scope of this report.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R41606", "sha1": "35b0d1bfbc7ff4b88215be9a47d3e8579f5adb6e", "filename": "files/20110531_R41606_35b0d1bfbc7ff4b88215be9a47d3e8579f5adb6e.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R41606", "sha1": "c2d66cb2d8fd3dc6ad0eaed525c6a8884b1b22fe", "filename": "files/20110531_R41606_c2d66cb2d8fd3dc6ad0eaed525c6a8884b1b22fe.pdf", "images": null } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc227706/", "id": "R41606_2011Jan25", "date": "2011-01-25", "retrieved": "2013-11-05T18:07:05", "title": "Murder or Attempted Murder of a Member of Congress and Other Federal Officials and Employees: Implications in Federal Criminal Law and Procedure of Events in Tucson", "summary": "Report describing the federal procedures and attendant legal provisions generally associated with the prosecution of cases regarding the killing and attempted killing of federal officers and employees in the performance of their official duties.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20110125_R41606_8d0a89f47335cc41e6d3d36cc1fe2e1487112fe7.pdf" }, { "format": "HTML", "filename": "files/20110125_R41606_8d0a89f47335cc41e6d3d36cc1fe2e1487112fe7.html" } ], "topics": [ { "source": "LIV", "id": "Members of Congress", "name": "Members of Congress" }, { "source": "LIV", "id": "Congress", "name": "Congress" }, { "source": "LIV", "id": "Murder", "name": "Murder" }, { "source": "LIV", "id": "Criminal justice", "name": "Criminal justice" } ] } ], "topics": [] }