death penalty

The United States reinstated the death penalty in 1976.

A capital (death penalty) sentence is imposed only if the jury unanimously agrees to return a death verdict (12 out of 12 jurors in jurisdictions that use 12-member juries).

Plea agreements in criminal cases can involve a defendant pleading guilty in exchange for avoiding the death penalty and may include waiving the right to appeal or to seek future sentence reductions.

In the U.S., murder prosecutions are typically brought in state courts, but federal law also permits charging a homicide under federal statutes when the killing involves a firearm used in furtherance of another crime of violence; federal homicide charges can carry the death penalty even if the relevant state does not authorize capital punishment.

United States federal law includes statutes that allow murder charges when a killing is committed with a firearm in the course of other crimes of violence, and such federal murder charges can be eligible for the federal death penalty even if the state where the killing occurred does not authorize capital punishment.

In capital cases, plea agreements can include terms where a defendant pleads guilty in exchange for the state agreeing not to seek the death penalty.

A criminal plea agreement can include a defendant pleading guilty in exchange for being spared the death penalty and waiving the right to appeal or to seek a sentence reduction.