^ The branching point between the two timelines only happened a quarter-century before STID took place. That's not really enough time for a huge change to happen in Federation/Starfleet law. Since the reason for the branched Abrams timeline (remember, prior to 2233, it did not exist
) is due to Nero and the Narada
, then logically any differences between the two timelines can be attributed TO those things. Would Nero or his ship be cause for Starfleet to adopt any additional death penalty offenses? I doubt it. Therefore, there can't be any more death penalty offenses in the Abrams timeline than in the old.
(actually, it might even be that the Abrams timeline has no death penalty AT ALL. Seems obvious that Pike has never visited Talos IV, for example. So unless someone else has, then no one has ever met the Talosians of this timeline - and therefore Starfleet would have no reason to have ANY death penalty.)