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 — ending their lives?

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, the 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, making it harder to prescribe this form of punishment across the board. For instance, mentally disabled offenders (Atkins v. Virginia) and juvenile offenders (Roper v. Simmons) cannot face the death penalty as a potential sentence (as of 2021).

Method of Execution

Lethal injection is the primary method of execution in all states which allow 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. To be clear, secondary methods of execution range from electrocution, lethal gas, hanging, and/or firing squad. Be sure to check the laws in your state to learn more.

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.

Death Penalty Laws: Relevant Supreme Court Cases

• Kennedy v. Louisiana
• Ring v. Arizona
• Baze v. Rees
• Hurst v. Florida
• Furman v. Georgia

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 charges with the death penalty as possible punishment, or any charge with the possibility of prison time, don't delay. Get in touch with a local criminal defense attorney now.