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 the state of Mississippi, the death penalty is a legal form of punishment for certain capital offenses, primarily for cases involving murder. The statutes governing capital punishment are found in the Mississippi Code, particularly under Title 97 - Crimes, where specific crimes that may warrant the death penalty are outlined. These include, but are not limited to, capital murder, aircraft piracy, and certain drug-related offenses when specific aggravating circumstances are present. Mississippi utilizes lethal injection as the primary method of execution. It's important to note that the application of the death penalty is subject to strict legal procedures, and defendants facing capital punishment have numerous rights, including the right to appeal. The death penalty in Mississippi is consistent with federal law, which also allows capital punishment for certain federal crimes. However, the application of the death penalty is a complex legal area that often involves constitutional challenges and significant legal scrutiny.