Chapter 29. To reduce the cases in which the penalty of death may be inflicted
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CHAP. 29.— An Act To reduce the cases in which the penalty of death may be inflicted. January 15, 1897. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That in all cases where the Death penalty. Life imprisonment for murder or rape if verdict qualified. R. S., sec., 5339, 5345, pp. 1036, 1038.accused is found guilty of the crime of murder or of rape under sections fifty-three hundred and thirty-nine or fifty-three hundred and forty-five, Revised Statutes, the jury may qualify their verdict by adding thereto “without capital punishment;” and whenever the jury shall return a verdict qualified as aforesaid the person convicted shall be sentenced to imprisonment at hard labor for life.
Sec. 2. That except offenses mentioned in sections fifty-three hundred Imprisonment for life substituted for death penalty. Exceptions. Army and Navy crimes, murder, and rape. R. S., secs. 1342, 1624, 5332, 5330, 5345, pp. 230, 275, 1036, 1038.and thirty-two, thirteen hundred and forty-two, sixteen hundred and twenty-four, fifty three hundred and thirty-nine, and fifty-three hundred and forty-five, Revised Statutes, when a person is convicted of any offense to which the punishment of death is now specifically affixed by the laws of the United States, he shall be sentenced to imprisonment at hard labor for life, and when any person is convicted of an offense to which the punishment of death, or a lesser punishment, in the discretion of the court, is affixed, the maximum punishment shall be imprisonment at hard labor for life.
Sec. 3. That the punishment of death prescribed for any offense Death penalty abolished. Exceptions. R. S., secs. 1342, 1624, 5332, 5330, 5345, pp. 230, 275, 1036, 1038.specified by the statutes of the United States, except in sections fifty-three hundred and thirty-two, thirteen hundred and forty-two, sixteen hundred and twenty four, fifty-three hundred and thirty-nine, and fifty- three hundred and forty-five, Revised Statutes, is hereby abolished, and all laws and parts of laws inconsistent with this Act are hereby repealed.
Sec. 4. That nothing herein contained shall apply to or in any way Pending proceedings not affected.affect any proceeding or indictment now found or pending or that may be found for any offense committed before the passage of this Act, and all offenses committed before the passage of this Act shall be punished under the laws then in force: *Provided,* That juries may return qualified *Proviso.* Qualified verdicts allowed.verdicts in such cases according to the provisions of section one of this Act, and the sentences shall be imposed as therein provided.
Sec. 5. That any Indian who shall commit the offense of rape within Punishment for rape by Indians.the limits of any Indian reservation shall be punished by imprisonment at the discretion of the court. So much of the ninth section of chapter Limitation of State jurisdiction, etc. Vol. 23, p. 385.three hundred and forty-one of the acts of the year eighteen hundred and eighty-five as is inconsistent herewith is herewith repealed. Approved, January 15, 1897.