{"id":374340,"date":"2016-03-31T21:35:43","date_gmt":"2016-04-01T02:35:43","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/mississippi-law\/mississippi-capital-punishment-laws.html"},"modified":"2024-12-31T16:03:34","modified_gmt":"2024-12-31T21:03:34","slug":"mississippi-capital-punishment-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/mississippi-law\/mississippi-capital-punishment-laws.html","title":{"rendered":"Mississippi Capital Punishment Laws"},"content":{"rendered":"\n
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Mississippi Capital Punishment Laws<\/h1>\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Mississippi’s history of capital punishment<\/a> is long and evolving. From the first documented execution in 1818 to the controversial laws of today, the state’s approach to capital punishment has seen significant changes. These changes reflect shifts in ethical, legal, and practical considerations.<\/p>\r\n

This article provides a comprehensive overview of the capital punishment laws in Mississippi.<\/p>\r\n

Does Mississippi Allow the Death Penalty?<\/b><\/h2>\r\n

Yes. Mississippi is among the 27 states<\/u><\/a> in the United States that allow capital punishment. The state uses a death sentence for certain crimes that are particularly severe or heinous. But if the Mississippi Supreme Court or the U.S. Supreme Court ruled against the death penalty, the person on death row would have their sentence commuted to life imprisonment<\/u><\/a> without parole.<\/p>\r\n

What Are the Capital Offenses in Mississippi?<\/b><\/h2>\r\n

Several offenses in Mississippi could result in the death penalty. Included among them is capital murder under Mississippi Code Section 97-13-13<\/u><\/a>. According to this provision, capital murder includes:<\/p>\r\n

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  1. The killing of certain protected persons, including: law enforcement officials, judges, elected officials, firefighters, corrections officers<\/span><\/li>\r\n
  2. Killing committed by a person already sentenced to life imprisonment.<\/li>\r\n
  3. Commission of murder for hire, either hiring a person to kill another or being hired to kill another.<\/li>\r\n
  4. Killing using bombs or explosives<\/li>\r\n
  5. Killing committed during the commission of certain felonies such as: burglary, arson, rape, robbery,  kidnapping, sexual assault, rape of a child under 12, child abuse, nonconsensual sodomy<\/li>\r\n
  6. The person committed the killing on a school property.<\/li>\r\n
  7. The killing of a child while committing child abuse or battery.<\/li>\r\n<\/ol>\r\n

    Note that although these offenses could result in capital punishment, not every case that meets these criteria would necessarily convict a person to a death sentence. The decision for the death penalty lies on the prosecution. The jury should likewise unanimously agree to impose the death penalty<\/a> on the defendant.<\/p>\r\n

    To learn more about capital offenses and the possible penalties of a criminal act, consult a criminal defense attorney near you<\/u><\/a>.<\/p>\r\n

    Is Death Penalty Applicable for Non Homicide Crimes?<\/b><\/h2>\r\n

    Mississippi does not allow the death penalty for nonhomicide crimes. These crimes include aircraft piracy and treason. This decision is following the U.S. Supreme Court ruling in Kennedy v. Louisiana<\/u><\/i><\/a>.<\/i> Here, the high court limited the death sentence to murder at the state level. As a result, the death sentence is not allowed for nonhomicide crimes.<\/p>\r\n

    What Is the Minimum Age for the Death Penalty in Mississippi?<\/b><\/h2>\r\n

    Mississippi law does not explicitly give a minimum age for execution. But the U.S. Supreme Court in 2005 in Roper v. Simmons<\/u><\/i><\/a> decided courts should not execute offenders under 18 when they’ve committed the crime. This landmark case made it unconstitutional to execute those under 18 at the time they committed a capital offense. As a result, the death row inmate should at least be 18 during the commission of the capital offense to get a death sentence.<\/p>\r\n

    What Are the Methods of Execution Allowed in Mississippi?<\/b><\/h2>\r\n

    The history of capital punishment in Mississippi<\/u><\/a> spans two centuries, and the state has changed methods of execution.<\/p>\r\n

    In 1818, the state carried out the first documented execution through hanging. Since then, death by hanging became the primary method of execution until 1940.<\/p>\r\n

    In 1940, the electric chair<\/a> replaced hanging. Then, from 1954 to 1989, execution through gas chambers or lethal gas became the primary method of execution until its removal in 1998. Afterward, the state used lethal injection in 2022.<\/p>\r\n

    Then, in 2022, the Mississippi legislature passed a new law that allows the Department of Corrections officials to pick the method of execution<\/a>. They can carry out the death sentence either through electrocution, lethal injection, nitrogen hypoxia, or firing squad.<\/p>\r\n

    The Death Penalty Information Center<\/a> gives a detailed account of all the changes related to the death penalty in Mississippi. These changes reflect the ongoing trend in capital punishment nationwide. It also considers the constitutionality of the methods of execution of what is cruel and unusual punishment under the Eight Amendment.<\/p>\r\n

    What Are the Aggravating and Mitigating Circumstances for a Death Penalty Case?<\/b><\/h2>\r\n

    At the sentencing hearing, the court carefully weighs all aggravating and mitigating factors. This process often occurs after the court finds the defendant guilty of a capital offense.<\/p>\r\n

    Aggravating Circumstances<\/b><\/h3>\r\n

    Aggravating circumstances are those that increase the severity of the criminal act. The court looks at it as a factor to justify providing harsher penalties. In Mississippi, aggravating circumstances<\/u><\/a> include the following:<\/p>\r\n