Final answer:
A capital crime is an offense punishable by death or hard labor, with historical examples including murder, treason, piracy, and arson. The United States Supreme Court has restricted the use of the death penalty in cases involving minors and the insane, and the Constitution requires due process before being convicted of such a crime.
Step-by-step explanation:
Capital crime is any crime for which an offender may be sentenced to death or imprisoned at hard labor. The term originates from the Latin capitalis, meaning 'of the head,' referring originally to the punishment by beheading. Historically, a wide range of crimes were considered capital offenses, but reforms have since narrowed this significantly, reserving the death penalty for very serious offenses, such as murder, treason, piracy, and arson. In the United States, the Supreme Court has made several important decisions that have shaped the use of the death penalty. For instance, in Ford v.
Wainwright the court ruled that a death sentence may not be imposed on the insane. Likewise according to the Supreme Court the death penalty may not be applied to those who were under 18 when they committed the crime (Graham v. Florida), and offenders involved in a felony where a murder is committed but who did not actually kill or intend a killing (Enmund v. Florida) cannot face the death penalty. Additionally, the Fifth Amendment of the U.S. Constitution states that no person shall be held to answer for a capital or otherwise infamous crime, without due process, ensuring that certain legal procedures are observed before a person can be deprived of life, liberty, or property as punishment for a crime.