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Capital punishment in the United States


 

Capital punishment in the United States is officially sanctioned by 38 of the 50 states, as well as by the federal government. The overwhelming majority of executions are performed by the states; the federal government maintains the right to use capital punishment (also known as the death penalty) but does so infrequently. Each state practicing capital punishment has different laws regarding its methods, age limits, and crimes which qualify. The United States is second only to the People's Republic of China in the number of death sentences passed.

Crimes subject to death penalty

Crimes subject to the death penalty vary by jurisdiction. All jurisdictions which use capital punishment have murder as a crime which is subject to the death penalty, although many jurisdictions require additional aggravating circumstances. Treason is a capital offense in several jurisdictions. Other capital crimes include: aggravated kidnapping in Georgia, Idaho, Kentucky and South Carolina; train wrecking and perjury which leads to someone being executed in California; aircraft hijacking in Georgia and Mississippi; aggravated rape of victim under age 12 in Louisiana; capital sexual battery in Florida; and capital narcotics conspiracy in Florida and New Jersey. Federal death penalty crimes are various degrees and types of murder as well as treason, espionage, large scale drug trafficking, and attempting to kill any officer, juror, or witness in cases involving a Continuing Criminal Enterprise. There are 15 crimes subject to the death penalty under U.S. military law; however, many of them, such as desertion, are only applicable in times of war.

Related Topics:
Murder - Treason - Kidnapping - Georgia - Idaho - Kentucky - South Carolina - California - Mississippi - Rape - Louisiana - Florida - New Jersey - Espionage - Military law

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Unless the person is being tried in a bench trial (they chose to be tried only by a judge) the sentence must be handed down by a jury, not by a judge alone. The jury must hand down the sentence at the conclusion of a separate penalty phase of the trial (at least implying the jurors who sentence the person to death were the same jurors who convicted him or her of the crime). Ring v. Arizona 536 U.S. 584 (2002).

Related Topics:
Bench trial - Ring v. Arizona - 536 U.S. 584

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In practice, however, no one has been executed for a crime other than murder or conspiracy to murder since 1964, when James Coburn was executed for robbery in Alabama on 4 September. All death row inmates in 2002 were convicted of murder. The last time someone executed solely for other crimes were:

Related Topics:
James Coburn - Robbery - Alabama - 4 September

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