death_penalty_new.qxd
02-08-27
12:57
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THE DEATH PENALTY IN THE OSCE AREA
4.16
UNITED STATES OF AMERICA (USA)208
RELEVANT INTERNATIONAL INSTRUMENTS
International Instruments
Signed
Ratified
Article 6 of the ICCPR
Yes
Yes (with reservation)209
Second Optional Protocol to the ICCPR
No
No
Article 37 (a) of the CRC
Yes
No
Article 4 of the American Convention on Human Rights Yes
No
LEGAL FRAMEWORK
Status:
Retentionist
Scope:
The death penalty is a legal punishment for crimes committed in peacetime and
in wartime. The death penalty is retained at the federal and at the State level210.
At the federal level, the death penalty is envisaged for 55 crimes in the United
States Code211. At the State level, the death penalty is retained in 38 of the 50
States of the USA. All of the 38 States envisage the death penalty for murder
and in practice the death penalty is most often applied for murder in aggravating
circumstances212.
208
209
210
211
212
The Delegation of the United States of America to the OSCE did not complete the questionnaire.
The USA made a reservation to Article 6 of the ICCPR to the effect, That the United States
reserves the right, subject to its constitutional constraints, to impose capital punishment on any
person (other than a pregnant woman) duly convicted under existing or future laws permitting the
imposition of capital punishment, including such punishment for crimes committed by persons
below eighteen years of age.
The death penalty is also retained for 15 crimes in the Uniform Code of Military Justice, 31 May
1951.
Capital punishment: An overview of federal death penalty statutes, E. Bazan, Congressional
Research Service, 9 May 2001. The Anti-Drug Abuse Act of 1988 envisages the death penalty
for murder in the course of a drug kingpin conspiracy. The scope of crimes that carry the death
penalty was later expanded by the Violent Crime Control and Law Enforcement Act of 1994 and the
Antiterrorism and Effective Death Penalty Act of 1996.
In 12 of the States that retain the death penalty, murder is not the sole capital crime.
www.deathpenaltyinfo.org
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