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Death penalty laws vary by country and can be enacted at national or lower levels of government. Laws outline acceptable modes of execution and limit the types of crimes for which a person can be executed. Some countries outlaw the death penalty and prevent extradition to countries where it is allowed. Certain groups, such as young people and pregnant women, are protected from execution. Appellate trials are common in death penalty cases.
The death penalty is often referred to as capital punishment. In some countries, laws relating to this form of punishment can be enacted both at the national level and at lower levels of government. Outlined laws on the death penalty in a jurisdiction often define acceptable and unacceptable modes of execution. The types of crimes for which a person can be executed tend to be limited. There are usually also systems to enable people to continue fighting against their death sentences after they have been passed.
Death penalty laws can vary nationally or at lower levels of government. For example, some nations outlaw the death penalty and in doing so eliminate this type of punishment from being permitted by lower levels of government. Conversely, some nations allow capital punishment, but it can be banned by lower levels of government in places that choose not to use it.
Countries that don’t impose the death penalty often have laws that prevent them from helping other countries do so. Extradition is a process in which a government will allow a person accused by another government to be deported to that country to face justice. Nations that don’t allow capital punishment will usually not allow people to be moved from their territory to a country to face charges where there is a possibility of execution.
Even when capital punishment is permitted, capital punishment laws often prescribe how it can be carried out. While a number of options may be available, such as firing squads and electric chairs, many lawmakers ban any method deemed to cause unnecessary suffering. This means that torture is generally prohibited.
There are generally a limited number of offenses for which a person can be executed. This is usually determined by legislation that requires punishments to be proportionate to crimes. The list of crimes for which death is considered proportionate may be longer in some countries than in others. For example, in the United States, the death penalty is not allowed for drug crimes, although it is in places like Saudi Arabia and China.
There are usually death penalty laws that prohibit the execution of certain people. Young people, for example, are generally regarded as a protected group. The same status can apply to pregnant women and individuals considered to be mentally retarded or insane. All of these individuals can be considered to lack the mental capacity to be subject to the consequences of death.
Some death penalty laws require an automatic review if the sentence is imposed. It is also common for death penalty laws to allow for extensive appellate trials. In the United States, if a person is sentenced to death, he can proceed through a state appellate process and, if unsuccessful, can undertake a federal appellate mission.
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