I must again correct the gentleman on the other side. The underlying title 18 is the criminal code. It lists a series of crimes and a series of penalties, and then you have a list of aggravating factors, which make the death penalty mandatory if any of them are present. There are 16 aggravating factors. This is number 17 and adds an aggravating factor; and when this aggravating factor is present, the death penalty is mandatory. Among the things this aggravating factor says, is ``attempt.'' So it is the first death penalty--for that matter, it is the first death penalty, mandatory or not, for an attempt, as opposed to an actual killing. Even if it weren't mandatory, we should not have a death penalty for an attempt. You should have a severe penalty, but a death penalty should be reserved for actual murder and such crimes, not for an attempt. Attempt is always punished more leniently than the actual accomplishment of the heinous act.
Jerry Nadler: “I must again correct the gentleman on the other side. The underlying title 18 is the criminal code. It lists a series of…”
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