Capital Punishment or the Death Penalty

In 2003, 65 inmates were executed by way of capital punishment or the death penalty. Capital punishment is punishment by death for capital crimes. This type of punishment is available in 38 states. Capital punishment is available for certain federal offenses. Most states with the capital punishment have enacted statutes that dictate the type of capital punishment to be imposed. If the state has not enacted a capital punishment statute they are governed by federal statute or the federal constitution. This topic is very controversial and has both proponents and opponents.

Types of Capital Punishment

There are various types of capital punishment. Some of the types include:


  • Electrocution.

  • Lethal injection.

Sentencing Procedures and Capital Punishment

The sentencing phase in a capital punishment case basically consists of a mini trial. After the defendant is convicted of an offense, then a capital punishment trial occurs. The defendant's counsel should be prepared to ensure that all of the necessary procedural safeguards that are available in the jurisdiction are properly utilized. The defendant is entitled to counsel during this phase. The defendant's counsel will deliver an opening statement and introduce evidence. The defendant may even call witnesses to testify on his or her behalf. The prosecution will also deliver an opening statement and introduce evidence as well. Both mitigating and aggravating factors will be introduced. Either a judge or a jury will hear the evidence and determine whether the evidence supports the imposition of the death penalty. Factors that are used to determine if capital punishment is appropriate include:


  • The defendant's role in the offense.

  • The defendant's criminal history.

  • The defendant's social background.

  • The defendant's age.

  • The defendant's character.

  • The defendant's degree and level of remorse.

Additional Information

The death penalty is not a violation of the Eighth Amendment of the United States Constitution. Additionally, the Sixth Amendment does not require that the defendant be afforded a jury trial on the issue of capital punishment. The U.S. Supreme Court has held that executions of mentally challenged criminals constitutes cruel and unusual punishment and is banned under the Eighth Amendment. Although the defendant's age is a factor, if a 16 or 17-year old juvenile murders a person, they may still be tried as an adult and subject to the death penalty.

Copyright 2011 LexisNexis, a division of Reed Elsevier Inc.