death penalty

noun

: death as punishment for a crime : capital punishment

—used with the

Prosecutors recommended the death penalty.

Word History

First Known Use

1836, in the meaning defined above

Legal Definition

death penalty

noun

: death as punishment for a crime

called also capital punishment

see also cruel and unusual punishment, Gregg v. Georgia

Note: The U.S. Supreme Court has held that the death penalty is not inherently violative of the Eighth Amendment's prohibition on cruel and unusual punishment, provided that the method is not deemed cruel and that the punishment is not excessive in relation to the crime. A statute mandating the death penalty is unconstitutional, however. A sentencing judge is required to consider any mitigating circumstances before imposing the death penalty for a crime.