![]() Capital punishment (the death penalty) can even be considered too severe a punishment in the states that currently practice it. Typically, capital offenses only pertain to first-degree murder and treason. For example, a capital offense, rather than a felony, is charged if someone was killed directly by the defendant and/or if the defendant had an intent to kill that person.įelony charges are upgraded charges on a variety of different crimes. So why don’t all felonies come with the potential for the death penalty as a sentence? There is one key difference between the two: the death of a person as the result of the defendant’s actions. In addition to murderous crimes, the list also includes two crimes that aren’t directly related to murder: espionage and treason.Ī felony is a severe criminal charge, but so is a capital offense. ![]() What constitutes a murder eligible for the death penalty varies by state, and often includes certain specific criteria, such as the commission of multiple murders, and murders preceded by torture. Most of the crimes on the list of capital offenses involve some form of murder, from full-out genocide to individual murders committed during a kidnapping or drive-by shooting. In the United States, the list of capital offenses created by the government includes a total of 41 crimes that are punishable by death. If they are sentenced to prison, the period of time that they will spend in incarceration is considerably when compared to the jail sentences that are handed down to those who are convicted of a felony. Defendants who are convicted of a misdemeanor for a non-capital offense may be sentenced to jail as well, but it is more likely they will receive probation and be ordered to pay mandatory restitution, fines, and fees. ![]() Defendants who are convicted of a felony for a non-capital offense are sentenced to a period of imprisonment, as well as additional fines and fees. ![]()
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