Death Penalty Laws by State

The death penalty continues to be a hot-button issue in the United States. Over the years, its viability as a method of punishment has come under fire by numerous groups for various reasons. Should we punish our most serious offenders with the most serious consequence of ending their lives with a death sentence?

Some argue that too many innocent people are wrongly accused and then sentenced to death row. Others still believe that the adage "an eye for an eye" should be our guiding principle when it comes to crime deterrence.

While a 2016 poll by the Pew Research Center found that 49% of Americans supported the death penalty, support ticked up in 2018 to 54% in favor of the death penalty. Support for the death penalty increased further to 60% of American adults in 2021.

Wherever you stand on the issue, keep in mind that each state has its own death penalty laws and ways of implementing them.

Narrowing of the Death Penalty

The U.S. Supreme Court has narrowed the application of the death penalty in several cases. The Court made use of the death penalty as a form of punishment harder across the board.

For instance, in Atkins v. Virginia, the Court found the execution of mentally disabled offenders constituted cruel and unusual punishment. Therefore, such executions violate mentally disabled offender's Eighth Amendment rights.

Additionally, in Roper v. Simmons, the Court established juvenile offenders cannot face the death penalty. This aligns with international human rights, which prohibit a sentence of death for an offender younger than 18 years at the time of the offense.

Methods of Execution

Lethal injection is the primary method of execution in all states which allows for the death penalty. More than a dozen states also use a secondary method of execution, and six states utilize other methods that are available if the offender requests an alternative.

Secondary methods of execution include:

• Electrocution
• Lethal gas
• Hanging
• Firing squad

Alabama, Mississippi, and Oklahoma approved nitrogen hypoxia as an alternative method to lethal gas for execution in death penalty cases. This induces death by only breathing nitrogen gas.

Alabama is set to be the first state to attempt execution by nitrogen hypoxia. Attorney General Steve Marshall requested an execution warrant for Kenneth Eugene Smith, 58, from the Alabama State Supreme Court. In a 6-2 decision, the court approved the warrant for January 25, 2024.

Death Penalty Laws by State

Below you'll find a list of death penalty laws in all 50 states and the District of Columbia, including whether capital punishment is allowed, the year it was abolished (if applicable), and the approved methods of execution. Remember, capital punishment laws are changing at a rapid pace. Be sure to check with a qualified criminal defense attorney in your area if you or someone you love is facing the death penalty.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Need More Information About State Execution Laws? Contact an Attorney

The death penalty is a politically charged topic, but one that transcends academic discussion, particularly if you or someone you know is facing execution. This is a rapidly developing area of the law and one that varies by state and the political climate.

If you're facing a capital offense where the death penalty is a possible punishment or any charge with the possibility of life imprisonment, contact a local criminal defense attorney now. Your attorney may argue mitigating factors to balance any aggravating factors presented by the prosecution.