JACKSON, Miss ( WJTV ) – A recent string of capital murder cases around Mississippi leaves many to wonder how defendants in the state come to potentially face the death penalty.

Many states still enforce the death penalty, including Mississippi. However, what constitutes capital murder and who can get the death penalty remains unclear for many. Below is what you need to know.

What crimes qualify for the death penalty?

Historically, death was the punishment for every felony. However, in modern times, states implement the death penalty in limited circumstances. In Mississippi, it only applies in cases related to capital murder.

The killing of a human being is capital murder under the following circumstances:

• Killing a peace officer or fireman in the line of duty while acting in their official capacity or due to an act performed in their official capacity;
  • A peace officer includes not only law enforcement, but judges, court officials, and certain state employees.
• Murder committed by someone serving a life sentence in prison;
• Murder done by using a bomb or explosive device;
• Murder committed for hire;
• Death resulting from the commission of an inherently dangerous felony (rape, burglary, kidnapping, arson, robbery, sexual battery, etc.);
• Death resulting from felonious abuse or battery of a child in violation of Mississippi law, or in any attempt to do so;
• Murder committed on educational property;
• Knowingly murdering any elected official of a county, municipal, state or federal government;
• Murder of three or more persons who are killed in the same incident;
• Murder of more than three persons within three years;
• In a purposeful attempt to obstruct justice, murdering a person who is
  • an actual or potential witness for the state or federal government in a criminal trial;
  • a confidential informant for any agency of the state or federal government;
  • any other person cooperating or assisting the state or federal government or suspected of doing so.

Are there any exceptions to avoiding the death penalty?

The United States Supreme Court ruled that sentencing minors and mentally handicapped individuals to death is unconstitutional. However, they can be sentenced to life in prison without the possibility of parole in Mississippi.

If found guilty, defendants have a constitutional right to appeal their death sentence. Some defendants have done so multiple times. Death row defendants often appeal to the United States Supreme Court, but it usually declines to hear the case. Either way, the appeals process can take decades.

What are the methods of carrying out executions?

According to Mississippi law, the method of execution is chosen by the Mississippi Department of Corrections (MDOC). The authorized methods include lethal injection, nitrogen hypoxia, electrocution, or firing squad. The state no longer uses hanging or the gas chamber to carry out executions. Per state statute, lethal injection is the preferred method in Mississippi.

All executions occur at the Mississippi State Penitentiary in Parchman. As of publication, no executions are currently scheduled.

How many people are on death row?

According to MDOC, there are 34 men and one woman on death row. The racial makeup is 60% Black and more than 34% white. The oldest and longest-serving death row inmate is Richard Jordan. The 76-year-old has been on death row for 46 years.

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