Capital punishment in American Samoa

Capital punishment is a legal punishment 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 by hanging on 24 November 1939. The territory is de facto abolitionist.^[1]

Territorial statutes require the jury to be unanimous to impose a death sentence. The court cannot impose sentence of death if the jury fails to agree on the punishment. The only other sentence allowed for first-degree murder is life imprisonment with the possibility of parole after 40 years. Statutes also do not provide for a 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.^[3]

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 first or second 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."

• Capital punishment in the United States

• American Samoa asked to scrap death penalty