{"id":372254,"date":"2016-03-31T21:34:48","date_gmt":"2016-04-01T02:34:48","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/dc-law\/district-of-columbia-capital-punishment-laws.html"},"modified":"2024-09-27T16:02:06","modified_gmt":"2024-09-27T21:02:06","slug":"district-of-columbia-capital-punishment-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/dc-law\/district-of-columbia-capital-punishment-laws.html","title":{"rendered":"District of Columbia Capital Punishment Laws"},"content":{"rendered":"\n
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District of Columbia Capital Punishment Laws<\/h1>\n
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\n By Lyle Therese A. Hilotin-Lee, 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 remains a topic of debate in the United States, even in states where it has been abolished. The District of Columbia presents a unique case. In 1981, the District took a step to abolish capital punishment. But, its distinct status as part of the federal government places it in a particular case.<\/p>\r\n

This article examines the capital punishment laws in the District of Columbia. It discusses its current legal status, history, and trends across the country.<\/p>\r\n

Does the District of Columbia Allow the Death Penalty?<\/b><\/h2>\r\n

As of 2024, the District of Columbia does not allow the death penalty. The District abolished capital punishment in 1981 after America reconsidered the death sentence following the landmark case in Furman v. Georgia<\/i><\/a> (1972). In this case, the Supreme Court ruled against the arbitrary and discriminatory imposition of severe penalties. This led to the revision of capital punishment laws and related state laws.<\/p>\r\n

While the District of Columbia does not have the death penalty, the District set alternative penalties. D.C. law has 30 years to life imprisonment<\/a> without release for the most severe crimes.<\/p>\r\n

But, while D.C. bans the death penalty, federal prosecutors can still push for capital punishment for federal crimes. This is because the District is still subject to congressional oversight despite having its own laws.<\/p>\r\n

History of Capital Punishment in the District of Columbia<\/b><\/h2>\r\n

Capital punishment in the District of Columbia reflects the country’s broad national debates and trends. The first execution recorded<\/a> in Washington, D.C., was in 1802. The District hanged death row inmate James McGirk. The following person executed was Mary Surratt in 1865 after the court found her guilty of conspiring to assassinate President Abraham Lincoln. In 1882, the District executed Charles Guiteau for assassinating President James Garfield.<\/p>\r\n

The death sentence existed in the District throughout the 20th century. D.C. executed the last person in 1957: Robert Carter. Carter was convicted of first-degree murder after fatally shooting an off-duty police officer. During the trial, the jury recommended mercy for Carter. Yet, D.C. laws at that time recommended the death penalty for convictions of first-degree murder.<\/p>\r\n

In 1972, the Supreme Court ordered against arbitrary and discriminatory severe punishments, nullifying the death sentence. The D.C. council likewise repealed the death penalty in 1981. This is in line with the country’s movement against the death penalty.<\/p>\r\n

In 1997, then-Mayor Marion Barry<\/a> proposed a bill aiming to allow capital punishment for murder. The Judiciary Committee of the District rejected it.<\/p>\r\n

D.C. now prohibits the death penalty. But its unique status enables it to apply federal laws in some cases. The District used hanging and electrocution as methods of execution until its abolishment.<\/p>\r\n

What Are the Capital Offenses in the District of Columbia?<\/b><\/h2>\r\n

With the death penalty’s abolishment, under the local D.C. laws, there are no capital offenses. But, federal death penalty laws can still apply. Federal prosecutors can still seek death sentences for certain crimes committed in the District. The following are some examples of federal capital offenses<\/a>:<\/p>\r\n

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  1. Espionage<\/li>\r\n
  2. Genocide<\/li>\r\n
  3. Treason<\/li>\r\n
  4. First-degree murder<\/li>\r\n
  5. Death resulting from aircraft hijacking<\/li>\r\n
  6. Acts of terrorism<\/li>\r\n
  7. Murder related to rape or child molestation<\/li>\r\n<\/ol>\r\n

    The courts likewise look at aggravating factors. The defendant’s intent or degree of culpability also affects the death sentence.<\/p>\r\n

    Capital Punishment Laws in the United States<\/b><\/h2>\r\n

    Capital punishment laws remain a crucial issue in the United States. The District’s stance against the death sentence mirrors the broader national trend<\/a> of reducing or eliminating this capital penalty.<\/p>\r\n

    Now, 23 states<\/a>, plus the District of Columbia, have abolished the death sentence. They are:<\/p>\r\n

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    1. Alaska<\/li>\r\n
    2. Colorado<\/li>\r\n
    3. Connecticut<\/li>\r\n
    4. Delaware<\/li>\r\n
    5. Hawaii<\/li>\r\n
    6. Illinois<\/li>\r\n
    7. Iowa<\/li>\r\n
    8. Maine<\/li>\r\n
    9. Maryland<\/li>\r\n
    10. Massachusetts<\/li>\r\n
    11. Michigan<\/li>\r\n
    12. Minnesota<\/li>\r\n
    13. New Hampshire<\/li>\r\n
    14. New Jersey<\/li>\r\n
    15. New Mexico<\/li>\r\n
    16. New York<\/li>\r\n
    17. North Dakota<\/li>\r\n
    18. Rhode Island<\/li>\r\n
    19. Vermont<\/li>\r\n
    20. Virginia<\/li>\r\n
    21. Washington<\/li>\r\n
    22. West Virginia<\/li>\r\n
    23. Wisconsin<\/li>\r\n<\/ol>\r\n

      Three states now have a moratorium on the death sentence:<\/p>\r\n

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      1. California<\/li>\r\n
      2. Oregon<\/li>\r\n
      3. Pennsylvania<\/li>\r\n<\/ol>\r\n

        Note: Criminal charges, especially those that might carry the death penalty, are serious. Also, state capital punishment laws are constantly changing \u2014 contact a <\/i>District of Columbia criminal defense attorney<\/i><\/a> or conduct your own legal research to verify the state laws you are researching.<\/i><\/p>\r\n

        Related Resources<\/b><\/h2>\r\n