{"id":375610,"date":"2016-03-31T21:36:18","date_gmt":"2016-04-01T02:36:18","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/ohio-law\/ohio-capital-punishment-laws.html"},"modified":"2024-12-04T13:21:55","modified_gmt":"2024-12-04T18:21:55","slug":"ohio-capital-punishment-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/ohio-law\/ohio-capital-punishment-laws.html","title":{"rendered":"Ohio Capital Punishment Laws"},"content":{"rendered":"\n
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Ohio 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

 The State of Ohio has used the death penalty<\/a> (capital punishment) since 1803, when it achieved statehood. In Ohio, public hanging was the sole method of execution for most of the 19th century. Although the state hasn’t executed anyone since 2019, the death penalty is still law in Ohio.<\/p>\r\n

Historical Background<\/h2>\r\n

Public hanging was the method of execution for most of the 19th century. From 1803 to 1885, Ohio executed offenders in the counties where the crime happened. This changed in 1885 when they moved executions to the Ohio State Penitentiary<\/a>. In 1897, Ohio began using the electric chair as its preferred method of execution. The state now uses lethal injection for its executions, although an inmate can request electrocution. <\/p>\r\n

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

Like all states, Ohio experienced an imposed moratorium after Furman v. Georgia<\/i><\/a>. Furman<\/i> is an essential U. S. Supreme Court case that ushered in a national moratorium on the death penalty. In Furman<\/i>, the Georgia imposed the death penalty on an offender who accidentally killed someone during a burglary. The SCOTUS found this was unconstitutional and violated the Eighth Amendment’s prohibition on cruel and unusual punishment<\/a>. <\/p>\r\n

According to the Death Penalty Information Center<\/a>, Ohio reinstated the death penalty in 1974, and it remains in effect as of 2024. Even though the Ohio death penalty is still law in Ohio, it doesn’t mean it doesn’t face opposition. In fact, a former Ohio governor, Richard Celeste, commuted<\/a> eight death sentences in 1991 because of evidence of racial discrimination in sentencing. <\/p>\r\n

Botched Executions <\/h2>\r\n

Like many other states that use lethal injection, Ohio has faced several challenges with carrying out executions. The inability to get lethal injection drugs is one reason for these challenges. This was evident in the 2014 execution of Dennis McGuire<\/a>. Ohio ran out of pentobarbital, which they usually used for lethal injections. Most states used drugs manufactured in Europe to carry out executions. Over time, many European countries banned the export of these drugs to states for use in lethal injections.<\/p>\r\n

In the McGuire execution, the state used a new combination of drugs, and McGuire struggled for 14 minutes before he died. <\/p>\r\n

Moratorium on Executions<\/h2>\r\n

McGuire’s botched execution helped usher in an unofficial moratorium on the death penalty. Five years after McGuire’s execution, Ohio Gov. Mike DeWine halted<\/a> all Ohio executions. He did so to give the Ohio Department of Rehabilitation and Corrections time to develop a new, constitutionally sound execution protocol.<\/p>\r\n

Ohio lawmakers have considered nitrogen hypoxia as an alternative to lethal injection after Alabama used this execution method in 2024<\/a>. Despite this, Ohio has moved closer to abolishing the death penalty. <\/p>\r\n

Abolition of Ohio’s Death Penalty <\/h2>\r\n

Although Ohio’s death penalty is still law, Ohio may be inching toward abolishing the death penalty. In 2021, Ohio House Bill 136,<\/a> prohibiting the death penalty if the offender had a severe mental illness at the time of the offense, passed in the Ohio Legislature. Gov. Mike DeWine signed it<\/a> into law on Jan. 9, 2021, effective April 12, 2021. <\/p>\r\n

More recently (2024), Ohio lawmakers proposed Senate Bill 101<\/a>, which would abolish the death penalty entirely. SB 101 is under review by the Ohio Senate Judiciary Committee.<\/p>\r\n

Ohio Attorney General Dave Yost’s 2023 annual capital crimes report<\/a> highlighted many of the challenges of Ohio’s "failed capital-punishment system<\/a>." The report recognized the enormous cost to taxpayers for maintaining Ohio’s death row, ranging from about $121M to over $350M per case.<\/p>\r\n

The table below highlights a few basics of Ohio’s capital punishment laws. For more related articles, see FindLaw’s Death Penalty<\/a> section. <\/p>\r\n\r\n
Code section<\/th>\r\n

2929.02, et seq.; 2949.22, et seq.<\/p>\r\n<\/td>\r\n<\/tr>

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

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

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

Ohio does not execute anyone who had a severe mental illness at the time of the offense.<\/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

None<\/p>\r\n<\/td>\r\n<\/tr>

Definition of capital homicide<\/th>\r\n

Assassination of public official; for hire; escape detection, apprehension, trial or punishment for another offense; committed while a prisoner in detention facility; prior murder convictions or multiple victims now; victim was peace officer; rape, kidnapping, aggravated arson, aggravated robbery, aggravated burglary; witness of crime to prevent testimony or retaliation for testimony<\/p>\r\n<\/td>\r\n<\/tr>

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

On hold<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> 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 laws you are researching.<\/i><\/p>\r\n

Get Legal Help<\/b><\/h2>\r\n

Death penalty cases are serious. If convicted, the defendant doesn’t just risk their freedom; they also risk their lives. An experienced criminal defense attorney specializing in death penalty cases can provide sound legal advice and help you or a loved one navigate the case. Speak to a qualified Ohio criminal defense attorney<\/a> today.<\/p>\r\n