Abstract: America is the important country retained the death penalty in the western countries, so its death procedure is an important reference resource to China. In America, The local United States Attorney s Office cannot seek the death penalty without prior written authorization of the Attorney General and an indictment for any offense punishable by death may be found at any time without limitation. In the trail the prisoner have the right trailed by jury, and only the can sentence to death, the judges can not “override the jury”. After the death sentence the defendant can appeal many at least 3 times, and appeal for request for a reprieve of execution and commutation other clemency to the Governor or President. Methods of execution are lethal injection and other methods which mitigate the painfulness; the execution has not time limitation.
Key words: Death penalty; Grand jury; Jury; Relief procedure; Execution
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