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.
State
|
Death Penalty Allowed?
|
Approved Method of Execution
|
Additional Provision
|
Alabama
|
Yes
|
Lethal injection with secondary methods if necessary
|
Alabama capital punishment laws
|
Alaska
|
No, abolished in 1957
|
N/A
|
Alaska capital punishment laws
|
Arizona
|
Yes
|
Lethal injection with secondary methods in limited circumstances
|
Arizona capital punishment laws
|
Arkansas
|
Yes
|
Lethal injection with secondary methods in limited circumstances
|
Arkansas capital punishment laws
|
California
|
Yes, based on statutes; Governor Newsom put a moratorium on the death penalty as of 2011.
|
Lethal injection with secondary methods in limited circumstances
|
California capital punishment laws
|
Colorado
|
Yes
|
Lethal injection
|
Colorado capital punishment laws
|
Connecticut
|
No, abolished in 2012 and again in 2016
|
N/A
|
Connecticut capital punishment laws
|
Delaware
|
No, ruled unconstitutional by the Supreme Court in 2016
|
N/A |
Delaware capital punishment laws
|
District of Columbia
|
No, abolished 1981
|
N/A
|
District of Columbia capital punishment laws
|
Florida
|
Yes
|
Lethal injection with electrocution as an option at the offender's request
|
Florida capital punishment laws
|
Georgia
|
Yes
|
Lethal injection
|
Georgia capital punishment laws
|
Hawaii
|
No, abolished in 1957
|
N/A
|
Hawaii capital punishment laws
|
Idaho
|
Yes
|
Lethal injection
|
Idaho capital punishment laws
|
Illinois
|
No, abolished in 2011
|
N/A
|
Illinois capital punishment laws
|
Indiana
|
Yes
|
Lethal injection
|
Indiana capital punishment laws
|
Iowa
|
No, abolished in 1965
|
N/A
|
Iowa capital punishment laws
|
Kansas
|
Yes
|
Lethal injection
|
Kansas capital punishment laws
|
Kentucky
|
Yes
|
Lethal injection; an offender sentenced before the introduction of lethal injection can choose to be electrocuted
|
Kentucky capital punishment laws
|
Louisiana
|
Yes
|
Lethal injection
|
Louisiana capital punishment laws
|
Maine
|
No, abolished in 1887
|
N/A
|
Maine capital punishment laws
|
Maryland
|
No, abolished in 2013
|
N/A
|
Maryland capital punishment laws
|
Massachusetts
|
No, ruled unconstitutional by the state's highest court in 1984
|
N/A
|
Massachusetts capital punishment laws
|
Michigan
|
No, abolished in 1963
|
N/A
|
Michigan capital punishment laws
|
Minnesota
|
No, abolished in 1911
|
N/A
|
Minnesota capital punishment laws
|
Mississippi
|
Yes
|
Lethal injection with secondary methods if necessary
|
Mississippi capital punishment laws
|
Missouri
|
Yes
|
Lethal injection or gas inhalation
|
Missouri capital punishment laws
|
Montana
|
Yes
|
Lethal injection
|
Montana capital punishment laws
|
Nebraska
|
Yes
|
Lethal injection
|
Nebraska capital punishment laws
|
Nevada
|
Yes
|
Lethal injection
|
Nevada capital punishment laws
|
New Hampshire
|
Yes, but only for murder under specific circumstances
|
Lethal injection with a secondary option of hanging if lethal injection is unavailable
|
New Hampshire capital punishment laws
|
New Jersey
|
No, abolished in 2007
|
N/A
|
New Jersey capital punishment laws
|
New Mexico
|
No, abolished in 2009
|
N/A
|
New Mexico capital punishment laws
|
New York
|
No, abolished in 2007
|
N/A
|
New York capital punishment laws
|
North Carolina
|
Yes
|
Lethal injection
|
North Carolina capital punishment laws
|
North Dakota
|
No, abolished in 1973
|
N/A
|
North Dakota capital punishment laws
|
Ohio
|
Yes
|
Lethal injection
|
Ohio capital punishment laws
|
Oklahoma
|
Yes
|
Lethal injection with secondary methods if lethal injection is unavailable
|
Oklahoma capital punishment laws
|
Oregon
|
Yes, based on statutes; in 2011 Governor Kitzhaber placed a moratorium on executions
|
Lethal injection
|
Oregon capital punishment laws
|
Pennsylvania
|
Yes, based on statutes; the governor placed a moratorium on the death penalty in 2015
|
Lethal injection
|
Pennsylvania capital punishment laws
|
Rhode Island
|
No, abolished in 1984
|
N/A
|
Rhode Island capital punishment laws
|
South Carolina
|
Yes
|
Allows prisoners to choose between electrocution, firing squad, and lethal injection
|
South Carolina capital punishment laws
|
South Dakota
|
Yes
|
Lethal injection
|
South Dakota capital punishment laws
|
Tennessee
|
Yes
|
Lethal injection with secondary methods in limited circumstances
|
Tennessee capital punishment laws
|
Texas
|
Yes
|
Lethal injection
|
Texas capital punishment laws
|
Utah
|
Yes
|
Lethal injection with firing squad as a secondary method under certain circumstances
|
Utah capital punishment laws
|
Vermont
|
No, abolished in 1987
|
N/A
|
Vermont capital punishment laws
|
Virginia
|
No, abolished in 2021
|
N/A
|
Virginia capital punishment laws
|
Washington
|
No, ruled unconstitutional in 2018
|
N/A
|
Washington capital punishment laws
|
West Virginia
|
No, abolished in 1965
|
N/A
|
West Virginia capital punishment laws
|
Wisconsin
|
No, abolished in 1853
|
N/A
|
Wisconsin capital punishment laws
|
Wyoming
|
Yes
|
Lethal injection with legal gas as a secondary method if legal injection is found unconstitutional
|
Wyoming capital punishment laws
|
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
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.