George Steinbrenner wrote:
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?
It might not be a case of adding death penalties, but when did they reduce to one? At the time period of Darkness they might still have a dozen of offenses that carry the death sentence.
and therefore Starfleet would have no reason to have ANY death penalty
In The Menagerie, when Mendez said; "And to do so [visit Talos Four] is the only death penalty left on our
books. Only Fleet Command knows why," this to me said that that particular death penalty was internally Starfleet's, and not the Federation's in general.
In the prime universe, the Federation could have had a bountiful number in death penalties in their civilian courts.