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 on 24 November 1939, with hanging used as the method of execution, making capital punishment de facto abolished.[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]

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]

  1. "the defendant previously has been convicted of first or second degree murder;
  2. "at the time of the murder, the defendant committed another murder;
  3. "the defendant created a grave risk of death to many persons;
  4. "the murder was especially heinous, atrocious, or cruel, involving torture or other depravity; or
  5. "the murder was purposely committed for pecuniary gain for the defendant or another person."

See also

References

  1. ↑ "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.
  2. ↑ "Code Annotated". www.asbar.org.
  3. ↑ "American Samoa Annotated Code § 46.3511(d)". American Samoa Bar Association. 1979. Retrieved 30 January 2021.
  4. ↑ "American Samoa Annotated Code § 46.3514". American Samoa Bar Association. 1979. Retrieved 30 January 2021.


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