# DEATH PENALTY
**URL:** https://boards.straightdope.com/t/death-penalty/73712
**Category:** Factual Questions
**Created:** [July 25, 2001, 5:05am UTC](https://boards.straightdope.com/t/death-penalty/73712 "2001-07-25T05:05:53Z")
**Posts on this page:** 10
**Page:** 1
### Author:  [@djf750](https://boards.straightdope.com/u/djf750)
#### Post date: [July 25, 2001, 5:05am UTC](https://boards.straightdope.com/t/death-penalty/73712/1 "2001-07-25T05:05:53Z")
why is only premedidated murder punishable by the death penalty or life in prison? (in the US)
why aren’t rape and child molestation or even ATTEMPTED premeditated murder punishable by death or life in prison?
were they ever capital crimes in american history?
why are we so lenient when it comes to these terrible crimes? im looking for the reasoning behind this, not “because of liberal judges”
thanks
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### Author:  [@Enderw24](https://boards.straightdope.com/u/Enderw24)
#### Post date: [July 25, 2001, 5:21am UTC](https://boards.straightdope.com/t/death-penalty/73712/2 "2001-07-25T05:21:45Z")
You’d have to search the legislative history to find out. A lot of it has to do with the morals of America at different times in history.
I really don’t know if this is still the case, I’m almost afraid to ask, but at one point, because of the felony murder rule, if you killed someone through oral or anal sex that was 1st degree murder. What a way to go though…
There are good cases why all your suggestions should be life imprisonment (death penalty…I dunno). WHY they aren’t I can’t specifically tell you other than we’ve decided as a society that murdering someone is a much worse crime than not murdering them.
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### Author:  [@sewalk](https://boards.straightdope.com/u/sewalk)
#### Post date: [July 25, 2001, 6:56am UTC](https://boards.straightdope.com/t/death-penalty/73712/3 "2001-07-25T06:56:44Z")
Murder is not the only crime punishible by death in the US. Other state offences punishable by death include train wrecking, treason, drug trafficking, and kidnapping.
Federal law allows the death penalty in cases of espionage, treason, drug trafficking, and conspiracy to commit murder upon a witness, juror, or officer of the court in cases involving a continuing criminal enterprise. It is also a US federal crime to commit a terrorist murder upon a US citizen in another country.
The Uniform Code of Military Justice prescribes the death penalty for an even wider variety of crimes, but only when committed during time of war.
See [http://www.deathpenaltyinfo.org](http://www.deathpenaltyinfo.org) for specifics.
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### Author:  [@Road\_Rash](https://boards.straightdope.com/u/Road_Rash)
#### Post date: [July 26, 2001, 5:29am UTC](https://boards.straightdope.com/t/death-penalty/73712/4 "2001-07-26T05:29:14Z")
I am writing without specific references, just distant memories of Political Science 2 or 3000 something I had to take in college.
The Supreme court in the early 70’s ended the death penalty as states had written them. Crimes short of Murder, or capital murder, were not killable offenses. Or something like that. I know I am not exact, but this is the gist of it. Rape used to be an offense that could be punished by death in some states.
I do note a bias toward death in your argument. Personally, I agree. You kill someone, you die. Legally, prosecuters have proven to be evil evidence witholding, we’re going to prosecute SOMEBODY at all cost, forced confession scum. Until they clean up their act, I have to temper my opinion.
Now if you just rant back it can become a GD!
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### Author:  [@MEBuckner](https://boards.straightdope.com/u/MEBuckner)
#### Post date: [July 26, 2001, 5:53am UTC](https://boards.straightdope.com/t/death-penalty/73712/5 "2001-07-26T05:53:22Z")
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> A person convicted of the offense of kidnapping shall be punished by imprisonment for not less than ten nor more than 20 years, provided that a person convicted of the offense of kidnapping for ransom shall be punished by life imprisonment or by death and provided, further, that, if the person kidnapped shall have received bodily injury, the person convicted shall be punished by life imprisonment or by death. – [Official Code of Georgia 16-5-40](http://www.ganet.org/cgi-bin/pub/ocode/ocgsearch?number=16-5-40&Code_Number_Submit=Begin+Search)
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> A person convicted of the offense of hijacking an aircraft shall be punished by death or life imprisonment.
> – [O.C.G. 16-5-44](http://www.ganet.org/cgi-bin/pub/ocode/ocgsearch?number=16-5-44&Code_Number_Submit=Begin+Search)
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> A person convicted of the offense of rape shall be punished by death, by imprisonment for life without parole, by imprisonment for life, or by imprisonment for not less than ten nor more than 20 years. – [O.C.G. 16-6-1](http://www.ganet.org/cgi-bin/pub/ocode/ocgsearch?number=16-6-1)
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> A person convicted of the offense of armed robbery shall be punished by death or imprisonment for life or by imprisonment for not less than ten nor more than 20 years. – [O.C.G. 16-8-41](http://www.ganet.org/cgi-bin/pub/ocode/ocgsearch?number=16-8-41&Code_Number_Submit=Begin+Search)
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> A person convicted of the offense of treason shall be punished by death or by imprisonment for life or for not less than 15 years. – [O.C.G. 16-11-1](http://www.ganet.org/cgi-bin/pub/ocode/ocgsearch?number=16-11-1)
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### Author:  [@MEBuckner](https://boards.straightdope.com/u/MEBuckner)
#### Post date: [July 26, 2001, 6:06am UTC](https://boards.straightdope.com/t/death-penalty/73712/6 "2001-07-26T06:06:14Z")
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> (a) Whoever, with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation, communicates, delivers, or transmits, or attempts to communicate, deliver, or transmit, to any foreign government, or to any faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States, or to any representative, officer, agent, employee, subject, or citizen thereof, either directly or indirectly, any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, note, instrument, appliance, or information relating to the national defense, shall be punished by death or by imprisonment for any term of years or for life, except that the sentence of death shall not be imposed unless the jury or, if there is no jury, the court, further finds that the offense resulted in the identification by a foreign power (as defined in section 101(a) of the Foreign Intelligence Surveillance Act of 1978) of an individual acting as an agent of the United States and consequently in the death of that individual, or directly concerned nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large-scale attack; war plans; communications intelligence or cryptographic information; or any other major weapons system or major element of defense strategy.
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> (b) Whoever, in time of war, with intent that the same shall be communicated to the enemy, collects, records, publishes, or communicates, or attempts to elicit any information with respect to the movement, numbers, description, condition, or disposition of any of the Armed Forces, ships, aircraft, or war materials of the United States, or with respect to the plans or conduct, or supposed plans or conduct of any naval or military operations, or with respect to any works or measures undertaken for or connected with, or intended for the fortification or defense of any place, or any other information relating to the public defense, which might be useful to the enemy, shall be punished by death or by imprisonment for any term of years or for life. – [18 United States Code 794](http://www4.law.cornell.edu/uscode/18/794.html)
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> Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States. – [18 U.S.C. 2381](http://www4.law.cornell.edu/uscode/18/2381.html)
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### Author:  [@MEBuckner](https://boards.straightdope.com/u/MEBuckner)
#### Post date: [July 26, 2001, 6:51am UTC](https://boards.straightdope.com/t/death-penalty/73712/7 "2001-07-26T06:51:33Z")
From the Uniform Code of Military Justice, there’s too many to cut and paste. In wartime, crimes which may be punishable by death include [desertion](http://www4.law.cornell.edu/uscode/10/885.html), [assaulting or wifully disobeying a superior officer](http://www4.law.cornell.edu/uscode/10/890.html), [misbehavior before the enemy](http://www4.law.cornell.edu/uscode/10/899.html) (itself a laundry list of offenses involving cowardice, disobedience, negligence, failure to do one’s duty, etc.), [attempting to compel one’s superior to surrender](http://www4.law.cornell.edu/uscode/10/900.html), [improper use of countersign](http://www4.law.cornell.edu/uscode/10/901.html), [aiding the enemy](http://www4.law.cornell.edu/uscode/10/904.html), [spying](http://www4.law.cornell.edu/uscode/10/906.html), and [misbehavior of sentinel](http://www4.law.cornell.edu/uscode/10/913.html) (i.e., drunkenness or sleeping or leaving one’s post while on guard duty). (Some of these don’t actually specify that death may be imposed only in time of war, but speak of conduct involving the “enemy”, so I _assume_ they would apply only in war. However, it’s possible that an “enemy” during a “cold war” might qualify.)
Crimes which may be punishable by death, even in peacetime, include [mutiny or sedition](http://www4.law.cornell.edu/uscode/10/894.html) (and failure to suppress or report same), [forcing a safeguard](http://www4.law.cornell.edu/uscode/10/902.html) (which I don’t even know what the hell _means_), [espionage](http://www4.law.cornell.edu/uscode/10/906a.html) (if it involves “(A) nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large scale attack, (B) war plans, © communications intelligence or cryptographic information, or (D) any other major weapons system or major element of defense strategy”), [willful improper hazarding of a vessel](http://www4.law.cornell.edu/uscode/10/910.html), and [rape](http://www4.law.cornell.edu/uscode/10/920.html).
And of course various flavors of murder are capital offenses under Georgia, U.S., and U.S. military law.
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### Author:  [@Neurodoc](https://boards.straightdope.com/u/Neurodoc)
#### Post date: [July 26, 2001, 8:04am UTC](https://boards.straightdope.com/t/death-penalty/73712/8 "2001-07-26T08:04:05Z")
For a specific and famous example, Caryl Chessman was executed in the San Quentin gas chamber for his convictions of kidnapping and sexual molestation.The california penal code no longer allows for a death penalty for criminals who do not actually kill someone, and these require “special circumstances.” The “ordinary” murderer in California is likely to get a life sentence of three types: life w/o the possibility of parole; 15 years to life; and 25 years to life. In the era of “three strikes,” we have many inmates serving inderterminate life sentences, such as “25 to life” for shoplifting. There are nearly 600 condemned inmates in California.
The Federal system, including the UCMJ for the military, allows the death penalty for those who are found guilty of treason and disertion from duty in combat situations.
In some other countries, you can be put to death for committing adultery, embezzelment, and not towing the party or religious line.
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### Author:  [@Milton\_De\_La\_Warre](https://boards.straightdope.com/u/Milton_De_La_Warre)
#### Post date: [July 27, 2001, 11:04am UTC](https://boards.straightdope.com/t/death-penalty/73712/9 "2001-07-27T11:04:06Z")
MEBuckner in citing the Georgia statutes brings to mind an interesting question: I note that GA has the death penalty for Treason. Is it possible to commit treason against the state of Georgia (as opposed to the US as a whole)? Has anyone ever been convicted of treason against one of the “several states”? I beleive John Brown was hanged in 1860 (or 59?) for treason against Virginia.
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### Author:  [@MEBuckner](https://boards.straightdope.com/u/MEBuckner)
#### Post date: [July 27, 2001, 10:13pm UTC](https://boards.straightdope.com/t/death-penalty/73712/10 "2001-07-27T22:13:49Z")
From the way the Georgia statute is written, it’s clearly possible to commit treason against the state of Georgia:
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> A person owing allegiance to the state commits the offense of treason when he knowingly levies war against the state, adheres to her enemies, or gives them aid and comfort.
And, yes, John Brown was indeed charged with (among other things) “treason against the commonwealth of Virginia”. (See [John Brown’s Raid](http://www.lva.lib.va.us/sb/exhibits/Death_Liberty/john_brown/brown.htm))
With respect to the Georgia statute, I can see “levying war against” Georgia. If I go out and organize a private army and we start shooting Georgia state troopers and march on the governor’s mansion, that’s treason against Georgia. (I’m sure that these days the Federales would quickly become involved in a case like that as well, but Georgia would at least have the option of charging me under its own laws as well.) What I find a bit puzzling is the idea of adhering to or giving aid and comfort to the “enemies” of Georgia. Can a state (“state” in the American sense) have “enemies”? Per Section 10 of Article I of the U.S. Constitution, states can’t make treaties or enter into alliances or confederations, and they can’t wage war. Well, a state can wage war if it’s actually invaded. But it seems to me that in that case, any “enemy” of Georgia would automatically be an “enemy” of the United States as well. The phrasing of the Georgia statute makes me think of some bizarre scenario where those water-rights disputes with Alabama or Florida get out of hand, and they start charging people with treason for giving “aid and comfort” to the dastardly Alabamians.