Mississippi Capital Punishment Laws

Mississippi's history of capital punishment 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.

This article provides a comprehensive overview of the capital punishment laws in Mississippi.

Does Mississippi Allow the Death Penalty?

Yes. Mississippi is among the 27 states 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 without parole.

What Are the Capital Offenses in Mississippi?

Several offenses in Mississippi could result in the death penalty. Included among them is capital murder under Mississippi Code Section 97-13-13. According to this provision, capital murder includes:

1. The killing of certain protected persons, including: law enforcement officials, judges, elected officials, firefighters, corrections officers
2. Killing committed by a person already sentenced to life imprisonment.
3. Commission of murder for hire, either hiring a person to kill another or being hired to kill another.
4. Killing using bombs or explosives
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
6. The person committed the killing on a school property.
7. The killing of a child while committing child abuse or battery.

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 on the defendant.

To learn more about capital offenses and the possible penalties of a criminal act, consult a criminal defense attorney near you.

Is Death Penalty Applicable for Non Homicide Crimes?

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. 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.

What Is the Minimum Age for the Death Penalty in Mississippi?

Mississippi law does not explicitly give a minimum age for execution. But the U.S. Supreme Court in 2005 in Roper v. Simmons 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.

What Are the Methods of Execution Allowed in Mississippi?

The history of capital punishment in Mississippi spans two centuries, and the state has changed methods of execution.

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.

In 1940, the electric chair 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.

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

The Death Penalty Information Center 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.

What Are the Aggravating and Mitigating Circumstances for a Death Penalty Case?

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.

Aggravating Circumstances

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 include the following:

• Already imprisoned when the offense happened
• Previously convicted of a capital offense or violent felony
• Created a significant risk of death for many people
• Committed while engaged in, an accomplice to, or while attempting or fleeing, any robbery, rape, arson, burglary, kidnapping, hijacking, sexual assault, rape of a child under 12, non-consensual sodomy, child abuse, or the unlawful detonation of a bomb
• Committed to avoid lawful arrest, escape from custody, hinder lawful government functions, influence policy by coercion or assassination, or for money or other gain
• Crime was especially heinous, atrocious, or cruel
• Committed to intimate civilians

Mitigating Circumstances

Mitigating circumstances are those that reduce the severity of the criminal act. The court could also use it to justify a more lenient penalty. These factors can include that the defendant:

• Had no significant prior criminal activity
• Was under the influence of extreme mental or emotional disturbance
• Was merely an accomplice in the capital offense committed by another person, and their participation was minor
• Was under extreme duress or domination by another person
• Lacked the ability to appreciate the criminality of their conduct or conform their conduct to the law
• The defendant's age at the time of the crime

Another is if the victim participated in or consented to the defendant's conduct.

Suspension of Sentence Due to Defendant's Circumstances

Mississippi state law allows a suspension of death sentence under the following circumstances:

1. If the death row prisoner is pregnant, they can delay the execution until after the birth of the child or an end to the pregnancy by another means.
2. Suppose the court finds the death row prisoner to have a mental illness after the judgment. In that case, the court will order the offender to be admitted to the criminal unit of Mississippi State Hospital until they restore their sanity. This ensures that the state does not execute those who do not understand the nature of their punishment and why the court imposed them.

Note: State laws are subject to change. While we strive to provide the most current information, please consult an attorney or conduct thorough research to verify the state or federal laws you are researching.

Research the Law

• Mississippi Law
• Official State Codes

Get Legal Help from a Criminal Defense Attorney

If you or someone you know is facing criminal charges that could result in capital punishment, seek legal help. You can contact a criminal defense attorney who can help you understand the complex legal procedures. They can also explain your rights and the legal defenses available to your case. A criminal defense attorney can also help you pursue all possible appeals.