The Anti-Drug Abuse Act of 1988
The death penalty under 21 U.S.C. 848(e)(1)(A)-(B) was enacted
as part of
the Anti-Drug Abuse Act of 1988 and became effective on November
See Pub. L. 100-690, Nov. 18, 1988, 102 Stat. 4181. In
legislation, Congress expressly intended to punish and deter anyone
intentionally kills or counsels, commands, induces, procures, or
intentional killing of: (A) any person while (1) engaging in or
(2) working in
furtherance of any continuing criminal enterprise, or (3) while
engaging in a
major Federal drug felony; or (B) any law enforcement officer
during or in
relation to a Federal drug felony. See 134 Cong. Rec. S.
16042 (daily ed.
Oct. 14, 1988) (statement of Sen. D'Amato); see also
134 Cong. Rec.
H. 7274 (daily ed. Sept. 8, 1988) (statement of Rep. Gekas).
Offenses under 21
U.S.C. 848(e) include "any person" who commits or causes another to
drug-related intentional killing as defined by the statute, not