Capital Punishment & Federal Law
Capital punishment -- better known as the "death penalty" -- is the most severe sentence a defendant can receive in the United States. Capital punishment is a major point of contention across the country, and some states have banned it. Federal law, however, introduced the death penalty in the early 1600s and continues to employ it today.
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Capital Crimes
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A capital crime is one that carries the penalty of capital punishment. Murder is the most notable capital crime, at both a state and federal level. Federal law also defines treason, aiding a foreign government and manslaughter as capital crimes.
Eligibility for Capital Punishment
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Merely committing a capital crime is not enough to receive the death penalty. Defendants must have also "intended... the death of the victim, and [demonstrated] one or more aggravating factors specified in a statutory list," such as a prior history of violent offenses, premeditated and/or serial murder or endangering the lives of others (besides the murder victim) for capital punishment to apply.
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Methods of Punishment
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Each state that recognizes capital punishment defines the method by which defendants convicted of capital crimes will be put to death. Federal law recognizes each individual state's own method, and utilizes the method of the state where the defendant committed the crime.
Exemptions
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Defendants who committed a crime in a state that does not recognize capital punishment are not eligible for capital punishment at a federal level. Minors, pregnant women and mentally incompetent persons are also ineligible for the death penalty under federal law.
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