United States v. Jackson

The Federal Kidnaping Act, 18 U. S. C. § 1201 (a), provides:

“Whoever knowingly transports in interstate . . . commerce, any person who has been unlawfully . . . kidnaped . . . and held for ransom ... or other*571wise . . . shall be punished (1) by death if the kidnaped person has not been liberated unharmed, and if the verdict of the jury shall so recommend, or (2) by imprisonment for any term of years or for life, if the death penalty is not imposed.”

This statute thus creates an offense punishable by death “if the verdict of the jury shall so recommend.” The statute sets forth no procedure for…