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 Louisiana (LA), the death penalty is a legal form of punishment for certain capital offenses, primarily for first-degree murder under specific circumstances, such as when the victim is a child or a law enforcement officer, or when the murder occurred during the commission of another serious felony like rape or kidnapping. The statutes governing capital punishment are found in the Louisiana Revised Statutes, particularly under Title 14 (Criminal Law), which outlines the state's penal code. The process for capital punishment cases involves a bifurcated trial, where the guilt phase is followed by a penalty phase if the defendant is found guilty of a capital offense. During the penalty phase, the jury decides whether to impose the death penalty or life imprisonment without the possibility of parole. Louisiana's capital punishment laws are subject to the overarching principles and limitations set forth by the United States Supreme Court, which include ensuring that the application of the death penalty does not violate the Eighth Amendment's prohibition against cruel and unusual punishment.