Terms
Capital Offense
A capital offense is a felony crime that is considered so serious that it is punishable by death. Death for a capital offence is called capital punishment. Currently, thirty-eight states have laws, which make a criminal offense punishable by death.
What is considered a capital offense varies by time period and place. In the United States, the laws indicating which crimes are considered a capital offense have changed over time.
In the United States, there are currently over 3,400 people who are on death row after being convicted of a capital offense. Of the states with the punishment of death for capital offense convictions, two (New Mexico and Texas) do not have the option of life without parole. Of the twelve states that do not legally recognize death as a capital offense punishment, only Alaska does not allow for life without parole. The United States federal government and the military recognize death as a lawful punishment for a capital offense.
Capital Offense & the Supreme Court
In the federal government and those states that recognize death for capital offense convictions, the laws governing capital punishment are in a constant state of change. The U.S. Supreme Court yields the authority to interpret the law to decide capital offense issues that affect the laws of the entire nation.
The Supreme Court has decided that death for a capital offense does not violate the Eighth Amendment's protection against cruel and unusual punishment. The Court has also judged that a jury trial is not necessary for the sentencing of life or death for a capital offense.
Notable Capital Offense Cases
Over the last few decades, there have been several Supreme Court landmark cases, which have altered capital offense laws.
In 1977, the Court ruled that the rape of an adult woman is not a capital offense punishable by death.
In 2002, the Supreme Court ruled that it is unconstitutional to execute a mentally retarded person for a capital offence.
In 2005, the Supreme Court ruled that it's unlawful to execute a person for a capital crime committed before the age of eighteen.
First-degree murder is considered a capital offense in all states, which allow capital punishment. Many states provide that a capital offense is murder with a certain number of aggravating factors.
Aggravating Factors
Aggravating factors can include, but are not limited to:
- Robbery
- Kidnapping
- Assault
- Multiple or repeat murder
- Murder of a public officer
- Crimes against minors
Capital offence crimes in some states also include aircraft hijacking, train wrecking, treason, drug trafficking, sexual assault, rape of a minor, and terrorism.
If you would like to learn more about capital offense cases, please contact us to speak with a qualified and experienced defense attorney who can advise you of your legal rights and options. A good criminal defense attorney can assess your case to determine how best to protect and maximize your legal rights.
Related Capital Offense News
October 16, 2007 - Utah Struggles To Find Attorneys for Death Row Inmates
October 12, 2007 - Death Penalty Case Ends in Acquittal
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