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The terms "death penalty" and "capital punishment"are frequently used to mean the same
thing. However, some people believe that a difference exists because"death penalty"
refers to the penalty received and not necessarily its implementation while "capital
punishment"refers to the execution itself.Other people believe that penalty means
punishment and capital refers to death so any difference between the terms is
negligible.Rather than present these definitions on separate pages,we have presented
them on one page so our readers can see what differences,if any,exist between the
terms.The terms "death penalty" and "capital punishment" are frequently used to mean
the same thing. However, some people believe that a difference exists because "death
penalty" refers to the penalty received and not necessarily its implementation while
"capital punishment" refers to the execution itself. Other people believe that penalty
means punishment and capital refers to death so any difference between the terms is
negligible. Rather than present these definitions on separate pages, we have presented
them on one page so our readers can see what differences, if any, exist between the
terms.Capital punishment: Imposition of a penalty of death by the state. Capital
punishment was widely applied in ancient times; it can be found (c.1750 BC) in the Code
of Hammurabi. From the fall of Rome to the beginnings of the modern era, capital
punishment was practiced throughout Western Europe...Some of the first countries to
abolish capital punishment included Venezuela (1863), San Marino (1865), and Costa
Rica (1877). As of 2004, 81 countries had entirely abolished the death penalty, including
the members of the European Union. Some other countries retained capital punishment
only for treason and war crimes, while in others, death remained a penalty at law, though
in practice there had not been any executions for decades.Since the 1970s almost all
capital sentences in the United States have been imposed for homicide. Today, 36 states
and the federal government have reinstituted the death penalty... some 75% of executions
now employ lethal injection. The gas chamber, hanging, the firing squad, and, most
commonly, the electric chair are still used in some states... In 2002 the Court ruled that
the death penalty must be imposed through a finding of a jury and not a judge.""[T]he
death penalty [is] a sentencing option for over sixty offenses. In addition, the The Federal
Death Penalty Act of 1994... established a procedure for conducting the sentencing phase
of a capital trial and set forth the prerequisites for imposing the death penalty, including
information on aggravating and mitigating factors and appointment of
counsel.Furthermore, the jury is required to return special findings with respect to the
aggravating factors. The Federal Death Penalty Act provides that a finding of a statutory
aggravating factor must be unanimous, whereas a finding of a mitigating factor may be
made by a single jury member. Similarly, the Act directs the jury to 'consider whether all
the aggravating factor or factors found to exist sufficiently outweigh all the mitigating
factor or factors found to exist to justify the death sentence.In the event of a death
sentence, the Act directs the U.S. marshal to supervise implementation of the sentence in
the manner prescribed by the law of the state in which the sentence was imposed. If the
death sentence is handed down in a state that does not have the death penalty, the court
will 'designate another state, the law of which does provide for the implementation of a
sentence of death, and have the prisoner executed in accordance with the law prevailing
there."