Capital punishment in American Samoa

Capital punishment is a legal penalty in American Samoa, an unincorporated territory of the United States. The only crime punishable by death is first degree murder. American Samoa last executed a prisoner in the 1930s, with hanging used as the method of execution.[1]

Territorial statutes require the jury to be unanimous to impose the death sentence. The judge cannot impose the death penalty if the jury fails to agree on the punishment. It is unclear, however, whether in that event he can order a penalty retrial, or must impose a life sentence. The only other penalty allowed for first-degree murder is life without parole for 40 years. Statutes also provide no method of execution.[2]

When the prosecution seeks the death penalty, upon conviction a sentence of death is decided by the jury. Such decision must be unanimous.

In the event of a hung jury during the penalty phase of the trial, no death sentence can be issued, even if a single juror opposed death. There is no retrial or rehearing.[3]

Capital crimes

First-degree murder is punishable by death if it involves one or more of the following aggravating factors:[4]

  1. the defendant previously has been convicted of 1st or 2nd degree murder;
  2. at the time of the murder, the defendant committed another murder;
  3. the defendant created a grave risk of death to many persons;
  4. the murder was especially heinous, atrocious, or cruel, involving torture or other depravity; or
  5. the murder was purposely committed for pecuniary gain for the defendant or another person.

See also

References
  1. "Witnesses all agree repealing death penalty is a must". Samoa News. September 27, 2012. Archived from the original on 2016-08-09. Retrieved July 21, 2016.
  2. "Code Annotated". www.asbar.org.
  3. "American Samoa Annotated Code § 46.3511(d)". American Samoa Bar Association. 1979. Retrieved 30 January 2021.
  4. "American Samoa Annotated Code § 46.3514". American Samoa Bar Association. 1979. Retrieved 30 January 2021.


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