Capital punishment in American Samoa
Capital punishment is a legal punishment in American Samoa, an unincorporated territory of the United States. The only crime punishable by death is first degree murder. American Samoa last executed a prisoner by hanging on 24 November 1939. The territory is de facto abolitionist.[1]
Territorial statutes require the jury to be unanimous to impose a death sentence. The court cannot impose sentence of death if the jury fails to agree on the punishment. The only other sentence allowed for first-degree murder is life imprisonment with the possibility of parole after 40 years. Statutes also do not provide for a method of execution.[2]
Legal process
When the prosecution seeks the death penalty, upon conviction a sentence of death is decided by the jury. Such decision must be unanimous.
In the event of a hung jury during the penalty phase of the trial, no death sentence can be issued, even if a single juror opposed death. There is no retrial.[3]
Capital crimes
First-degree murder is punishable by death if it involves one or more of the following aggravating factors:[4]
- "the defendant previously has been convicted of first or second degree murder;
- "at the time of the murder, the defendant committed another murder;
- "the defendant created a grave risk of death to many persons;
- "the murder was especially heinous, atrocious, or cruel, involving torture or other depravity; or
- "the murder was purposely committed for pecuniary gain for the defendant or another person."
See also
References
- ^ "Witnesses all agree repealing death penalty is a must". Samoa News. 27 September 2012. Archived from the original on 2016-08-09. Retrieved 21 July 2016.
- ^ "Code Annotated". www.asbar.org.
- ^ "American Samoa Annotated Code § 46.3511(d)". American Samoa Bar Association. 1979. Retrieved 30 January 2021.
- ^ "American Samoa Annotated Code § 46.3514". American Samoa Bar Association. 1979. Retrieved 30 January 2021.
External links
- American Samoa asked to scrap death penalty
- v
- t
- e
- Australia
- Federated States of Micronesia
- Fiji
- Kiribati
- Marshall Islands
- Nauru
- New Zealand
- Palau
- Papua New Guinea
- Samoa
- Solomon Islands
- Tonga
- Tuvalu
- Vanuatu
of New Zealand
and other territories
- American Samoa
- Christmas Island
- Clipperton Island
- Cocos (Keeling) Islands
- Easter Island
- French Polynesia
- Guam
- Hawaii
- New Caledonia
- Norfolk Island
- Northern Mariana Islands
- Pitcairn Islands
- Tokelau
- Wallis and Futuna
![]() | This American Samoa–related article is a stub. You can help Wikipedia by expanding it. |
- v
- t
- e
![]() | This article about a criminal law topic is a stub. You can help Wikipedia by expanding it. |
- v
- t
- e