{"id":352261,"date":"2023-10-02T20:03:16","date_gmt":"2023-10-03T01:03:16","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-procedure\/death-penalty.html"},"modified":"2023-10-02T20:03:16","modified_gmt":"2023-10-03T01:03:16","slug":"death-penalty","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-procedure\/death-penalty.html","title":{"rendered":"Death Penalty"},"content":{"rendered":"\n
\n \n
\n

Death Penalty Laws<\/h1>\n
\n
\n By Linda Sanabria, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

\n

Some serious criminal offenses are punishable by death in our criminal justice system. This is capital punishment, commonly called the death penalty. The death penalty is controversial, especially for concerns about human rights and government power.<\/p>\n\n <\/div>\n\n

Twenty-three states have outlawed capital punishment, and state death penalty laws vary nationwide. Some states favor life imprisonment as the most severe punishment.<\/p>\n

The sentence of death is for defendants guilty of violent capital offenses where the jury decides that the convicted offender lacks remorse and will likely recidivate<\/a>. Over 60 percent of violent offenders<\/a> will recidivate, statistics show. Judges will typically consider any mitigating factors or aggravating circumstances before sentencing.<\/p>\n

In a criminal case with potentially fatal stakes, time matters. Get strong legal representation right away. Talk to a criminal defense attorney<\/a> about strategies to prevent this outcome. <\/p>\n

Historical Background of the Death Penalty<\/h2>\n

The death sentence was commonly used in Europe and early Colonial America<\/a>, even for minor theft crimes and acts that wouldn’t be criminal today, such as blasphemy. There was considerable variation in death penalty laws from colony to colony.<\/p>\n

Cesare Beccaria’s 1767 essay "On Crimes and Punishment<\/a>" led to the abolition of the death penalty in Austria and Tuscany. While the United States didn’t abolish the death penalty, the essay’s influence meant the use would only be for serious crimes.<\/p>\n

In the 1800s, some states took executions out of the public eye, and other states restricted or eliminated their use. Discretionary death penalty punishments replaced mandatory ones. Michigan was the first state to abolish the death penalty in 1846.<\/p>\n

Then, in the 1900s, several states outlawed the death penalty. But panic in the wake of the Russian Revolution led to its reinstatement in some jurisdictions. The death penalty and death row were used more often during the Great Depression and Prohibition.<\/p>\n

Temporary Abolition Under Federal Law<\/h2>\n

The use of the death penalty began to decline in the 1950s as many allied nations outlawed its use.<\/p>\n

Furman v. Georgia<\/i><\/a> in 1972 found that a Georgia death penalty statute giving the jury full discretion in sentencing creates arbitrary sentencing. In a split decision, the court found that the statute created cruel and unusual punishment. This violated the Eighth Amendment<\/a>.<\/p>\n

The Supreme Court voided 40 death penalty laws and suspended the death penalty.<\/p>\n

The Reinstated Death Penalty<\/h2>\n

Following the Furman <\/i>decision, Florida rewrote its death penalty laws. Soon after, 34 other states enacted their own revised death penalty laws. These laws avoided the randomness that Furman <\/i>addressed. They mandated capital punishment for those convicted of capital crimes.<\/p>\n

This method was later found unconstitutional by the Supreme Court in Woodson v. North Carolina<\/i><\/a>.<\/i> Other states issued guidelines to judges and juries.<\/p>\n

The Supreme Court upheld this system in Gregg v. Georgia<\/i><\/a>. This case reinstated the death penalty under the new sentencing guidelines. It also found the death penalty constitutional under the Eighth Amendment<\/a>.<\/p>\n

Later decisions have found that executing the mentally disabled violates the Eighth Amendment (<\/i>Atkins v. Virginia<\/i><\/a>). So does executing people who were under 18 when they committed capital crimes (Roper v. Simmons<\/i><\/a>.)<\/p>\n

The United States Code<\/a> contains a list of federal crimes that call for the death penalty, including but not limited to:<\/p>\n