{"id":373422,"date":"2016-03-31T21:35:19","date_gmt":"2016-04-01T02:35:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/kansas-law\/kansas-capital-punishment-laws.html"},"modified":"2024-08-30T16:51:58","modified_gmt":"2024-08-30T21:51:58","slug":"kansas-capital-punishment-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/kansas-law\/kansas-capital-punishment-laws.html","title":{"rendered":"Kansas Capital Punishment Laws"},"content":{"rendered":"\n
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Kansas Capital Punishment Laws<\/h1>\n
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\n By Melissa McCall, 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

Kansas has a unique relationship with the death penalty, demonstrated by its decision to abolish and reinstate the death penalty<\/a> several times. Kansas’ history with the death penalty dates back to 1861 when Kansas achieved statehood. That same year, Kansas passed its very first death penalty statute for treason. In 1862, the Kansas legislature expanded the death penalty statute to include capital murder. Today, Kansas has not executed anyone since the reinstatement of the death penalty in 1994.<\/p>\r\n

Historical Background<\/h2>\r\n

Kansas first abolished the death penalty in 1907, reinstated it in 1935, and gave juries the authority to recommend the death penalty. Between 1944 and 1954<\/a>, Kansas carried out 15 executions by hanging. Kansas’ last execution by hanging was in 1965 when the state executed four murderers.<\/p>\r\n

Impact of Furman v. Georgia<\/i><\/h3>\r\n

In 1972, the United States Supreme Court issued a ruling in Furman v. Georgia<\/i><\/a>. that had repercussions across the United States of America. In Furman,<\/i> the U.S. Supreme Court found that the death penalty was unconstitutional because courts didn’t apply it evenly. This decision ushered in a national moratorium on the death penalty. The Court held that this inconsistent application of the death penalty was cruel and unusual punishment in violation of the Eighth Amendment.<\/p>\r\n

Although Kansas reinstated the death penalty in 1994, the state has not carried out any executions despite having people on death row. Notably, Kansas eliminated death by hanging and replaced it with lethal injection.<\/p>\r\n

Housing Kansas Death Row Inmates<\/h3>\r\n

Kansas houses its "death row" inmates with other inmates at the El Dorado correctional facility. It does not maintain a separate death row. Also the U.S. Military houses its death row inmates at the U.S. Disciplinary Barracks<\/a> in Fort Leavenworth, Kansas. The U.S. Disciplinary Barracks also houses federal death row prisoners.<\/p>\r\n

Defining Capital Murder<\/h2>\r\n

Kansas law defines capital murder as an intentional and premeditated killing under any of the following circumstances:<\/p>\r\n