Capital Punishment in Nebraska - Process

Process

The jury decides the sentence and may punish First Degree Murder as a Class I felony or a Class IA felony. According to Nebraska law, Class I felonies mean death is the punishment and Class IA felonies mean life imprisonment without parole is the punishment. Death sentences are automatically appealed to a three-judge panel. The Governor of Nebraska sits on the board that determines clemency. 31 people have been given clemency including 11 since 1976. First Degree Murder is the only Class I crime. Nebraska State Penitentiary is where executions in Nebraska have taken place since 1903. As in any other state, people who are under 18 at the time of commission of the capital crime or mentally challenged are constitutionally precluded from being executed.

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