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.

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.

Legal process
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.

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


 * 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."