The correct spelling of the phrase "capital sentence" is influenced by its pronunciation. The word "capital" is pronounced as /ˈkæp.ɪ.təl/ in IPA phonetic transcription, with emphasis on the first syllable. The word "sentence" is pronounced as /ˈsɛn.təns/, with emphasis on the second syllable. Combined, the phrase is pronounced as /ˈkæp.ɪ.təl ˈsɛn.təns/. It refers to a sentence of death or execution, issued for serious crimes such as murder or treason. Referring to this sentence as "capital" acknowledges the gravity of the offense committed.
A capital sentence, also commonly referred to as a death sentence or capital punishment, is a legal verdict imposed by a court of law, sentencing an individual to death for committing a severe crime. It is the most severe form of punishment that can be levied upon a convicted criminal.
The application of a capital sentence varies across jurisdictions and legal systems. Often, it is reserved for crimes considered to be the most heinous, including murder, terrorism, treason, or espionage, depending on the laws and statutes of a particular country.
The process leading to a capital sentence typically involves a separate sentencing hearing, distinct from the trial that determined the defendant's guilt. During this hearing, the judge or jury weighs aggravating factors, such as the severity or brutality of the crime, against mitigating factors, such as the defendant's background, mental health, or remorse. The decision to endorse a capital sentence is typically reached when the aggravating factors outweigh the mitigating factors.
The implementation of a capital sentence varies as well, ranging from methods such as lethal injection, electric chair, hanging, firing squad, or even stoning, depending on the jurisdiction and legal traditions. Controversies surrounding the ethical, moral, and human rights implications of capital punishment have led to its abolishment in many countries, whereas others still employ it as a means of achieving justice or as a deterrent to crime.
The word "capital sentence" is derived from the Latin phrase "sententia capitalis", which literally means "a sentence of death" or "a sentence concerning the head". The use of "capital" here refers to the Latin term "caput", which means "head". In ancient Roman law, a capital sentence usually referred to a punishment involving beheading, hence the connection to the term "head". Over time, the meaning of "capital sentence" has broadened to include various forms of punishment resulting in the loss of life, such as execution by hanging, lethal injection, or electric chair.