{"id":371495,"date":"2016-03-31T21:34:22","date_gmt":"2016-04-01T02:34:22","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/arizona-law\/arizona-capital-punishment-laws.html"},"modified":"2024-12-05T15:27:22","modified_gmt":"2024-12-05T20:27:22","slug":"arizona-capital-punishment-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/arizona-law\/arizona-capital-punishment-laws.html","title":{"rendered":"Arizona Capital Punishment Laws"},"content":{"rendered":"\n
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Arizona Capital Punishment Laws<\/h1>\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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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
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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

Capital punishment, also known as the death penalty, is legal in the state of Arizona. Arizona’s use of the death penalty has led to several Supreme Court decisions as well as public outcries throughout the years.<\/p>\r\n

The basics of capital punishment laws in Arizona are in the table below. See FindLaw’s Death Penalty<\/a> section for related articles.<\/p>\r\n\r\n
Code section<\/th>\r\n

Arizona Revised Statute, Title 13, Chapter 7.1 Capital Sentencing<\/a><\/p>\r\n

A.R.S. \u00a7 13-751<\/a> et seq.<\/p>\r\n<\/td>\r\n<\/tr>

Is capital punishment allowed?<\/th>\r\n

Yes, for first-degree murder<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Effect of defendant’s incapacity<\/th>\r\n

Considered mitigating circumstance<\/p>\r\n<\/td>\r\n<\/tr>

Minimum age<\/th>\r\n

18<\/p>\r\n<\/td>\r\n<\/tr>

Available for crimes other than homicide?<\/th>\r\n

No<\/p>\r\n<\/td>\r\n<\/tr>

Method of execution<\/th>\r\n

Lethal injection. A defendant convicted before Nov. 23, 1992, may choose between lethal gas or lethal injection.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> State laws often change. Contact an <\/i>Arizona criminal defense attorney<\/i><\/a> or conduct your own legal research to verify the state laws you are researching.<\/i><\/p>\r\n

Arizona Executions and Death Penalty: Historical Background<\/b><\/h2>\r\n

The Death Penalty Information Center<\/a> notes that Arizona’s first execution took place in 1865 when territorial authorities hanged Dolores Moore. Arizona hanged people sentenced to death until 1910, when it switched its execution method to lethal gas. It replaced the gas chamber with lethal injections in 1992.<\/p>\r\n

In 1972, the U.S. Supreme Court ruled that state laws that required the imposition of the death penalty were unconstitutional. (Furman v. Georgia<\/i><\/a>). The Court said such laws violated the Eighth Amendment’s prohibition against cruel and unusual punishment<\/a>.<\/p>\r\n

The Court’s ruling effectively placed a moratorium on the death penalty throughout the United States. Its decision in Gregg v. Georgia<\/i><\/a> (1976) lifted the four-year moratorium, allowing states to reinstate the death penalty.<\/p>\r\n

In 1973, the Arizona Legislature passed a bill instituting a new procedure for death penalty cases. But, the U.S. Supreme Court’s decision in Lockett v. Ohio<\/i><\/a> <\/i>(1978) invalidated Arizona’s death penalty law. The Court said the law must allow sentencing officials to consider mitigating factors. The Arizona state legislature revised the law in 1979 to comply with the ruling.<\/p>\r\n

Recent History and Controversy<\/b><\/h3>\r\n

From 1962 to 1992, the state did not perform any executions. In November 1992, Arizona voters approved execution by lethal injection<\/a>. Any person sentenced to death before Nov. 23, 1992, may choose execution by lethal gas or lethal injection.<\/p>\r\n

In 1999, Arizona executed a German citizen, Walter LaGrand<\/a>. Police arrested LaGrand and his brother, Karl, after they killed one person and injured another during a bank robbery in Arizona in 1982. Both men got death sentences. Walter LaGrand was the last person executed in the United States via lethal gas. His brother was executed a month earlier.<\/p>\r\n

LaGrand’s execution was controversial. Two years after Arizona executed LaGrand, the International Court of Justice (ICJ) ruled<\/a> that the United States violated the Vienna Convention, an international agreement that regulates treaties. The ICJ ruled that authorities did not inform LaGrand of his right to help from the German consulate.<\/p>\r\n

Even before the ICJ reviewed LaGrand’s execution, Arizona began reviewing its procedure. In 2000, Arizona’s attorney general created the Capital Case Commission<\/a>. The Commission studied the state’s death penalty laws and usage.<\/p>\r\n

In 2002, the Supreme Court ruled that Arizona’s capital punishment sentencing procedure was unconstitutional. (Ring v. Arizona<\/i><\/a>). The Court ruled that a defendant has a right to have a jury decide whether aggravating circumstances exist such that the death penalty is appropriate.<\/p>\r\n

In 2014, the Arizona death penalty again sparked controversy. As the Death Penalty Information Center notes<\/a>, the state sentenced Joseph Wood III to death by lethal injection. His executioners allegedly injected him with 15 times the standard dose<\/a> of a sedative and a painkiller. It took Woods about two hours to die<\/a>. The botched execution of Joseph Wood III renewed the debate over the death penalty and prompted Arizona’s attorney general to halt executions in the state temporarily.<\/p>\r\n

In 2015, Arizona tried to import illegal lethal injection drugs<\/a> from India. Federal authorities confiscated the drugs at the Phoenix airport. In 2016, the state declared it could not get the lethal injection drugs necessary to execute inmates on Arizona’s death row.<\/p>\r\n

The most recent execution in Arizona was Clarence Dixon<\/a> in 2022. Arizona correctional officers could not find a vein in Dixon’s arms to administer the lethal injection. According to the Death Penalty Information Center, officers began "a bloody and apparently unauthorized ‘cutdown’ procedure to insert the IV line into a vein in his groin." Some lethal injection experts argued that Arizona botched Dixon’s execution, just like it did Wood’s in 2014.<\/p>\r\n

Arizona Criminal Laws: Related Resources<\/b><\/h2>\r\n

The following links provide more information about Arizona law and the death penalty.<\/p>\r\n