If the trial court imposes a new death sentence, the appeals process begins again. Most of the 38 states with death penalty laws specify certain types of murder with aggravating factors as the crime eligible for a death sentence. Others make first-degree murder a crime subject to the death penalty. Thirteen states include non-homicide crimes in their death penalty statutes. These crimes include treason, kidnapping, hijacking, and hostage taking.
Most states suspend an execution or prohibit conviction of an insane person.
But an execution can take place if the person regains his sanity. In a few states, such as Alabama, extreme mental or emotional disturbance is a mitigating factor. Several states specify that an execution is suspended while a woman is pregnant. Several different methods of execution are used in the states. Some allow more than one method of execution or, due to a legislative change, one method is used for people convicted after a specific date.