IN THE FIRST DAY'S TESTIMONY, A REPRESENTATIVE OF THE OFFICE OF LEGAL COUNSEL, U.S. DEPARTMENT OF JUSTICE, EXAMINES THE CONSTITUTIONALITY OF S. 1382 IN LIGHT OF A U.S. SUPREME COURT RULING THAT THE DEATH PENALTY MAY NOT BE IMPOSED FOR THE RAPE OF AN ADULT WOMAN IN WHICH DEATH DOES NOT RESULT (COKER V. GEORGIA). S.1382 ELIMINATES THE DEATH PENALTY FOR RAPE UNDER THE FEDERAL CODE BUT REINSTATES THE PENALTY FOR SEVERAL FEDERAL OFFENSES. IN MOST CASES, THE DEATH PENALTY IS RESERVED FOR CRIMES RESULTING IN DEATH. HOWEVER, IN TWO INSTANCES--TREASON AND ESPIONAGE--IMPOSITION OF THE DEATH PENALTY IS PERMITTED FOR CRIMES NOT DIRECTLY RESULTING IN DEATH. THE BILL SETS FORTH SPECIFIC AGGRAVATING FACTORS THAT MUST BE PRESENT FOR THE DEATH PENALTY TO BE IMPOSED FOR TREASON OR ESPIONAGE. THE WITNESS' ANALYSIS OF THIS ASPECT OF THE BILL CONCLUDES THAT THE BILL'S CONSTITUTIONALITY IS LIKELY TO BE UPHELD IN THE COURTS. THE SECOND DAY'S WITNESSES ADDRESS THE QUESTION OF WHETHER THE FEDERAL GOVERNMENT SHOULD HAVE A DEATH PENALTY LAW. MAIN TESTIMONY CONCERNS SUCH MATTERS AS THE DETERRENT EFFECTS OF CAPITAL PUNISHMENT, RACIAL BIAS IN SENTENCING, AND AND EFFECTS OF THE JURY SELECTION PROCESS. THESE WITNESSES INCLUDE A PROFESSOR OF LAW AND SOCIOLOGY, A PROFESSOR OF PHILOSOPHY, AND A REPRESENTATIVE OF AN AMERICAN CIVIL LIBERTIES UNION GROUP THAT OPPOSES CAPITAL PUNISHMENT. ACCOMPANYING THE TRANSCRIPT OF THE HEARINGS ARE COPIES OF THE WITNESS' PREPARED STATEMENTS, A COPY OF THE BILL IN QUESTION, AND OTHER MATERIALS SUBMITTED TO THE COMMITTEE. THREE SUPPORTING DOCUMENTS--TWO PRESENTATIONS ON THE DETERRENT EFFECT OF CAPITAL PUNISHMENT AND ONE ON CAPTIAL PUNISHMENT AND ONE ON TERRORISM AND THE DEATH PENALTY--ARE ABSTRACTED SEPARATELY IN NCJ-54845, 54846, AND 54857. (LKM)