Capital Offense

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A crime that is punishable by death

Under Federal Law, the death penalty is constitutional and does not constitute ‘cruel and unusual punishment’ as defined in the Eighth Amendment to the Constitution. Different states have determined on their own whether the death sentence penalty violates their state’s constitution.

Some states prohibit the death penalty believing it to be cruel and unusual punishment, and instead impose a term of life imprisonment without the possibility of parole.

Examples of capital offense crimes

Premeditated murder in the first degree

The murder of a police officer

The crime of treason

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