The decision by a jury, in the second phase of a capital case, that the convicted defendant should be put to death.
n. execution (death) for a capital offence. The U.S. Supreme Court has vacillated on the application of capital punishment, ruling in the Furman decision (1972) that capital punishment was a violation of the Eighth Amendment’s prohibition against “cruel and unusual punishment” in certain cases, and then reinstated it in 1976. New York, which once led the nation in executions, abolished capital punishment but reinstated it in 1995. There is no capital punishment in Alaska, Hawaii, Iowa, Kansas, Massachusetts, Maine, Minnesota, Michigan, North Dakota, Rhode Island, Vermont, West Virginia, and the District of Columbia. There have been no federal executions in more than 30 years. Texas, Florida, Louisiana, Georgia, Virginia, and Alabama have held the most executions in recent years. The means of capital punishment used in the United States include lethal injection, electrocution, gas chamber, hanging, and firing squad. All capital offences require automatic appeals, which means that approximately 2,500 men and women are presently on “death row” awaiting their appeals or death.
Capital punishment, also known as the death penalty, is a legal punishment in some jurisdictions that involves putting a person to death as a result of a criminal conviction. The legality and application of capital punishment vary widely across different countries and states. In some jurisdictions, it is reserved for the most serious crimes, such as murder, while in others, it may be used for a wider range of offences. The use of capital punishment is a highly controversial and debated issue, with proponents arguing that it serves as a deterrent to crime and provides justice for victims, while opponents argue that it is inhumane, irreversible, and does not effectively deter crime.
No, capital punishment is not legal in all states. It is up to each individual state to decide whether or not to have the death penalty.
The crimes that are eligible for capital punishment vary by state, but they generally include offences such as murder, treason, and espionage.
No, the Constitution guarantees the right to a fair trial for all individuals, including those facing capital punishment. This includes the right to legal representation and the opportunity to present a defence.
Yes, the Supreme Court has ruled that it is unconstitutional to impose the death penalty on individuals who were under the age of 18 at the time of the crime.
The Supreme Court has also ruled that it is unconstitutional to execute individuals who are intellectually disabled or have severe mental illnesses. However, the criteria for determining mental illness and intellectual disability may vary by state.
Yes, the method of execution can be challenged in court if it is deemed to be cruel and unusual punishment. However, the Supreme Court has held that certain methods, such as lethal injection, are not inherently cruel and unusual.
The Supreme Court has not specifically addressed whether individuals with severe mental illnesses can be executed. However, if the mental illness impairs the defendant’s understanding of the punishment or their ability to assist in their defence, it may be a factor in determining their eligibility for capital punishment.
No, the Supreme Court has ruled that it is unconstitutional to execute pregnant women. However, the definition of pregnancy and the stage at which it applies may vary by state.
Having a history of substance abuse or addiction alone is not typically a factor in determining eligibility for capital punishment. The severity of the crime committed is usually the primary consideration in capital punishment cases.
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This glossary post was last updated: 30th April 2024.
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