ABSTRACT
This chapter presents a brief overview of the administration of capital punishment by the United States (US) armed forces. The Uniform Code of Military Justice (UCMJ) defines the crimes and procedures for the military. The Manual for Courts Martial (MCM) provides the rules for courts martial. Capital punishment has long been available as a penalty in the United States armed forces. There are currently 14 death-eligible offences in the UCMJ. This contrasts with civilian law, where only intentional or felony murder can lead to a death sentence. Under military law and practice, the death penalty statute is applied in a three-stage process by two decision makers—the convening authority and the court martial members. The chapter reviews both law and practice. The military law on capital punishment combines military and civilian concerns in many respects, but when it comes to premeditated and felony murder the statute closely resembles civilian state law.
