Capital crimes: killing police officers, judges, correction employees, parole officers, probation officer, employees of the Division of Youth or designated peace officers; killing witnesses; contract killing; serial killing; torture killing; intentional murder during another felony, like robbery or rape; murder while serving a life sentence in prison or while escaped from prison. A person could also face execution if convicted of a previous murder.

Exceptions: People under 18 years of age. Women who are pregnanat or people who are determined to be mentally incompetent or mentally retarded. Those deemed mentally incompetent or mentally retarded: Those mentally retarded could also be executed howerver if they killed incarcered.

Arrest and charge: If a defendant is charged with first degree murder the district attorney must declare whether he will seek the death penalty within 120 days after the indictment.

Verdict and sentencing: the jury must first decide if a defendant is guilty of first degree murder. If so, in most cases, the same jury begins more deliberations on a death sentence considering such factors as a previous criminal record or if the murder was a part of a terrorist act. For execution, the jury's decision must be unanimous. In a deadlock the sentence reverts to a life term with parole possible after 20 years.

Appeals: automatic appeal to Court of Appeals to review overall fairness, aggravating and mitigating factors and other issues. If a defendant is indigent , the state pays for automatic appeal and one other state appeal.