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Every state with Capital Punishment enforces it. However it only need be enforced when crime(s) committed warrant such a response. In most states that currently have the death penalty the most common crime committed that warrants death is 1st Degree Murder, or multiple counts of 1st-3rd degree murder. However, as with any judicial system it is entirely up to the court to decide based on the circumstances. Some states have even warranted capital punishment in crimes involving sexual abuse of a minor.

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