During colonial times, even minor criminal acts were punished by the death penalty. Some of these examples include killing chickens, stealing provisions, and trading with Native Americans. As years passed, laws were enacted and significant changes were made so that only the most heinous crimes were punishable by death. As reported by the Death Penalty Information Center, the majority of inmates on death row have murder convictions. Armed robbery and rape were other crimes where the death penalty was sought, but court rulings have since changed.

The death penalty is reserved for the worst of the worst, and other types of crimes that are punishable by execution include aggravated kidnapping, espionage, treason, drug trafficking, aircraft hijacking, aggravated assault by repeat offenders, and rape of a child. However, death penalty statutes differ for every state. Capital punishment is also not legal in all states; as of 2021, only 27 states authorize the death penalty (per the National Conference of State Legislatures).

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