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A capital crime is quite simply, one that can be punished by death- hence capital punishment. For many years New York State had a mandatory law that the deliberate murder of a police officer was a capital crime- no questions asked. For somewhat unstated motives, former New York Governor Hugh Carey was able to strike down this measure, which provoked the literary pun that he had become ( a Saving Grace to killers of Cops!) Murder is nearly always held as a capital crime- but there are discretionary angles for judges.

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