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 Ohio, the death penalty is legal and is governed by state statutes. Capital punishment can be imposed for certain aggravated murder convictions, with specific circumstances that elevate the crime to a capital offense, such as murders involving kidnapping, rape, arson, or committed for hire, among others. These statutes are found in the Ohio Revised Code, particularly in Chapter 2929, which outlines crimes and their associated penalties, including capital punishment. Ohio's capital punishment laws require a separate sentencing phase after a conviction for a capital offense, during which the jury considers whether to recommend the death penalty. The final decision is made by the judge, who can impose the death penalty or choose a lesser sentence. It's important to note that while Ohio has the death penalty on the books, the state has experienced periods of de facto moratoriums on executions, and there are ongoing debates and legal challenges regarding the use of capital punishment.