Capital crimes are punished by death.

Explanation

(English-origin maxim.) The defining characteristic of a capital crime is that it carries the death penalty — no lesser punishment qualifies an offense as capital.

Where this applies

• A state classifies first-degree murder as a capital crime specifically because it carries the possibility of the death penalty.
• A defense attorney argues that her client's offense is not capital because the statute does not authorize death as a punishment for it.
• A legislature debates whether to make treason a capital crime, understanding that the label means the convicted person could face execution.