The death penalty—also known as capital punishment—refers to the process of state and federal courts sentencing persons convicted of the most serious criminal offenses (capital offenses or capital crimes) to death. The specific crimes and circumstances for which the death penalty is a potential punishment (usually murder) are defined by state and federal statutes enacted by state legislatures and the United States Congress, respectively.

These death penalty or capital punishment statutes are often located in the penal or criminal code, and often in the same statute that defines a criminal offense such as murder. Twenty-two states and the District of Columbia do not have the death penalty as a potential punishment for any criminal offense.

In Arkansas, the death penalty is a legal form of punishment for certain capital offenses, primarily for aggravated murder. The state statutes that govern capital punishment are found in the Arkansas Code, specifically under Title 5 - Criminal Offenses, Chapter 10 - Offenses Against the Person, which outlines the circumstances under which the death penalty may be applied. These statutes detail the aggravating factors that can lead to a sentence of death, such as the murder of a law enforcement officer, murder committed during another felony, or multiple murders. Arkansas uses lethal injection as the primary method of execution. It is important to note that while Arkansas does have the death penalty, the application of capital punishment is subject to ongoing legal and public debate, and cases are reviewed with a high level of scrutiny by the courts to ensure that the death penalty is applied fairly and in accordance with the law.