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| − | A '''capital offense''' is a crime punishable by death. It is also known as a "capital crime," and the punishment is known as the [[death penalty]]. | + | A '''capital offense''' (also called a "capital crime") is a crime punishable by [[death penalty]]. |
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| | + | Under American law and case rulings, only murder (and then, only the most severe types) is eligible to be tried as a capital offense, and minors or persons with retardation are ineligible for the death penalty. A death penalty sentence is not automatic and does not have to be sought by the prosecution; for example family members of the deceased may request mercy. |
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| | [[Category:Legal Terms]] | | [[Category:Legal Terms]] |