Capital punishment in American Samoa

Capital punishment is a legal punishment in American Samoa, an unincorporated territory of the United States. The only crime punishable by death is first degree murder. American Samoa last executed a prisoner on November 24, 1939, when Imoa of Fagatogo was hanged for the murder of Sella.

The territory is de facto abolitionist.[1] In 2010, the territory did seek the death penalty for Siaumau Siaumau Jr. for the murder of police Lieutenant Liusila Brown. and was charged with the attempted murder of two other police officers.[2] However, the request was withdrawn in 2012,[3] at the urging of Governor Togiola Tulafono, who strongly opposed capital punishment and pointed out that the territory has no authorized execution method.[4] In 2016, Siaumau Siaumau pleaded guilty to second degree murder and two counts of first degree assault. He was sentenced to life in prison with parole eligibility after 15 years and concurrent 10-year terms on the assault charges.[5]

Territorial statutes require the jury to be unanimous to impose a death sentence. The court cannot impose sentence of death if the jury fails to agree on the punishment. The only other sentence allowed for first degree murder is life imprisonment with the possibility of parole after 40 years. Statutes also do not provide for a method of execution.[6]

## Legal process

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When the prosecution seeks the death penalty, upon conviction a sentence of death is decided by the jury. Such decision must be unanimous.

In the event of a hung jury during the penalty phase of the trial, no death sentence can be issued, even if a single juror opposed death. There is no retrial.[7]

## Capital crimes

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First-degree murder is punishable by death if it involves one or more of the following aggravating factors:[8]

1. "the defendant previously has been convicted of first or second degree murder;
2. "at the time of the murder, the defendant committed another murder;
3. "the defendant created a grave risk of death to many persons;
4. "the murder was especially heinous, atrocious, or cruel, involving torture or other depravity; or
5. "the murder was purposely committed for pecuniary gain for the defendant or another person."

## See also

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* Capital punishment in the United States

## References

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1. ^ "Witnesses all agree repealing death penalty is a must". Samoa News. 27 September 2012. Archived from the original on 2016-08-09. Retrieved 21 July 2016.
2. ^ "American Samoa govt seeks death penalty for man charged with killing police officer". RNZ. 2010-08-06. Retrieved 2025-07-16.
3. ^ Staff, Variety News (2012-09-14). "American Samoa governor moves to repeal death penalty". Marianas Variety News & Views. Retrieved 2025-07-16.
4. ^ "American Samoa governor wants abolition of death penalty". RNZ. 2012-07-12. Retrieved 2025-07-16.
5. ^ "Life Imprisonment for Siaumau Siaumau Jr". Talanei. 2016-04-26. Retrieved 2025-07-16.
6. ^ "Code Annotated". www.asbar.org.
7. ^ "American Samoa Annotated Code § 46.3511(d)". American Samoa Bar Association. 1979. Retrieved 30 January 2021.
8. ^ "American Samoa Annotated Code § 46.3514". American Samoa Bar Association. 1979. Retrieved 30 January 2021.

## External links

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* American Samoa asked to scrap death penalty

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Capital punishment in Oceania

Sovereign states|

* Australia
* Federated States of Micronesia
* Fiji
* Indonesia
* Kiribati
* Marshall Islands
* Nauru
* New Zealand
* Palau
* Papua New Guinea
* Samoa
* Solomon Islands
* Timor-Leste
* Tonga
* Tuvalu
* Vanuatu

Associated states
of New Zealand|

* Cook Islands
* Niue

Dependencies
and other territories|

* American Samoa
* Christmas Island
* Cocos (Keeling) Islands
* Easter Island
* French Polynesia
* Guam
* Hawaii
* New Caledonia
* Norfolk Island
* Northern Mariana Islands
* Pitcairn Islands
* Tokelau
* Wallis and Futuna

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Capital punishment in the United States

Jurisdictions|

* Federal government
* Military
* Alabama
* Alaska
* Arizona
* Arkansas
* California
* Colorado
* Connecticut
* Delaware
* Florida
* Georgia
* Hawaii
* Idaho
* Illinois
* Indiana
* Iowa
* Kansas
* Kentucky
* Louisiana
* Maine
* Maryland
* Massachusetts
* Michigan
* Minnesota
* Mississippi
* Missouri
* Montana
* Nebraska
* Nevada
* New Hampshire
* New Jersey
* New Mexico
* New York
* North Carolina
* North Dakota
* Ohio
* Oklahoma
* Oregon
* Pennsylvania
* Rhode Island
* South Carolina
* South Dakota
* Tennessee
* Texas
* Utah
* Vermont
* Virginia
* Washington
* West Virginia
* Wisconsin
* Wyoming
* American Samoa
* Guam
* Puerto Rico
* Washington, D.C.

People executed by state|

* Federal government
* Military
* Alabama (pre-1972)
* Arizona
* Arkansas (pre-1972)
* California
* Colorado
* Connecticut
* Delaware
* Florida (pre-1972)
* Georgia (pre-1972)
* Idaho
* Illinois
* Indiana
* Iowa
* Kansas
* Kentucky (pre-1972)
* Louisiana (pre-1972)
* Maine
* Maryland
* Massachusetts
* Michigan
* Minnesota
* Mississippi
* Missouri
* Montana
* Nebraska
* Nevada
* New Hampshire
* New Jersey
* New Mexico
* New York
* North Carolina
* North Dakota
* Ohio
* Oklahoma (pre-1972)
* Oregon
* Pennsylvania
* Rhode Island
* South Carolina
* South Dakota
* Tennessee
* Texas
* 2020–present
* Utah
* Vermont
* Virginia
* Washington
* West Virginia
* Wyoming
* Washington, D.C.

People executed by year|

* 1949
* 1950
* 1951
* 1952
* 1953
* 1954
* 1955
* 1956
* 1957
* 1958
* 1959
* 1960
* 1961
* 1962
* 1963
* 1964
* 1965–1972
* 1976–1983
* 1984
* 1985
* 1986
* 1987
* 1988
* 1989
* 1990
* 1991
* 1992
* 1993
* 1994
* 1995
* 1996
* 1997
* 1998
* 1999
* 2000
* 2001
* 2002
* 2003
* 2004
* 2005
* 2006
* 2007
* 2008
* 2009
* 2010
* 2011
* 2012
* 2013
* 2014
* 2015
* 2016
* 2017
* 2018
* 2019
* 2020
* 2021
* 2022
* 2023
* 2024
* 2025
* Scheduled executions

Issues and ethics|

* Botched executions
* Death-qualified jury
* Debate
* Dual sovereignty doctrine
* Execution drug shortage
* Exonerations
* Juveniles
* Last meal
* Participation of medical professionals
* Race and capital punishment
* White defendants executed for killing a black victim
* Wrongful executions

Other|

* Death row inmates
* Death row inmates who have exhausted their appeals
* Death Penalty Information Center
* Most recent executions by state
* National Coalition to Abolish the Death Penalty
* Supreme Court decisions on capital punishment
* Women executed since 1976
* Women on death row

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