The law prescribes a penalty for every crime. The penalty for certain crimes is the death penalty. Such crimes are known as capital crimes. A capital crime is a crime punishable by death penalty.
Crimes punishable by death penalty
Federal and state laws prescribe the death penalty for different crimes. Generally murder is punishable by the death penalty in all states. The capital crimes vary from state to state. As of date 38 states in the US have death penalty for some forms of murder. Under federal law, there are a total of 41 crimes punishable by the death penalty and include:
- all forms of murder
- destruction of motor vehicles, aircraft and related facilities resulting in death
- civil right offenses causing death
- espionage
- treason
- death caused by offenses involving transportation of explosives, destruction of government property, or destruction of property related to foreign or interstate commerce
- willful wrecking of a train causing death
- aircraft hijacking resulting in death
In some states, certain sex crimes like child rape and aggravated rape are punishable by the death penalty even if the crime does not result in death of the victim.
Federal law
In case of a crime charged under federal law, the prosecution will under extenuating circumstances consult the victim’s family to determine whether to seek the death penalty. In case of concurrent jurisdiction, a federal indictment will be sought only if the federal interest in the prosecution is more substantial than the state interest. Under the Fifth Amendment, no person can be convicted of a capital crime until so proven in front of grand jury. 14 crimes are punishable by the death penalty under military law. The sentence in a capital crime must be handed down by the jury at the end of the penalty phase of the trial. However if the defendants chooses to be tried in a bench trial, the sentence can be handed down by the judge alone.
Mitigating factors
Mitigating factors can play an important role lowering the death penalty to life in prison or a long prison term. The mitigating factors for capital crimes vary from state to state. The general mitigating factors include the age of the defendant, first time offender and extreme mental or emotional distress.
Getting legal help
If you are charged with a capital crime, don’t take chances. Your life is at stake. Consult with an experienced criminal defense attorney.
