{"id":376410,"date":"2016-03-31T21:36:48","date_gmt":"2016-04-01T02:36:48","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/tennessee-law\/tennessee-capital-punishment-laws.html"},"modified":"2024-12-05T16:12:33","modified_gmt":"2024-12-05T21:12:33","slug":"tennessee-capital-punishment-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/tennessee-law\/tennessee-capital-punishment-laws.html","title":{"rendered":"Tennessee Capital Punishment Laws"},"content":{"rendered":"\n
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Tennessee 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 laws in Tennessee have a long history, dating back to 1796. These laws have undergone significant changes. From hanging as a method of execution to lethal injection to facing recent challenges with execution protocols, the approach to the death sentence significantly evolved.<\/p>\r\n

This article looks at the current state of capital punishment in Tennessee. It also discusses the methods of execution, recent developments, and the history of the death penalty in the state.<\/p>\r\n

Does Tennessee Allow the Death Penalty?<\/b><\/h2>\r\n

Yes. The state has had a long history with executions dating back to the 19th century but had a 40-year hiatus from 1960 to 2000<\/a>. Since then, Tennessee has only put six people to death.<\/p>\r\n

In 2022, Tennessee Gov. Bill Lee issued a moratorium on inmates’ death sentences<\/a>. He halted executions of death row inmates after finding problems with the lethal injection protocol. Today, Riverbend Maximum Security Institution<\/a> houses inmates sentenced to death. Women offenders on death row are in Nashville at the Debra K. Johnson Rehabilitation Center<\/a>.<\/p>\r\n

What Are the Capital Offenses in Tennessee?<\/b><\/h2>\r\n

According to Tennessee law<\/a>, first-degree murder is the only capital offense in the state. First-degree murder includes premeditated and intentional killings. These killings are also those committed while committing certain felonies, such as robbery, arson, kidnapping, rape, aggravated rape, or rape of a child. Capital offenses also include murder resulting from the use of destructive devices or acts of terrorism. The court can sentence a person convicted of a capital offense to death, imprisonment for life, or imprisonment for life without the possibility of parole.<\/p>\r\n

Is the Death Penalty Applicable for Non-Homicide Crimes?<\/b><\/h2>\r\n

Tennessee follows the strict standards set by the U.S. Supreme Court and limits capital punishment to cases of first-degree murder.<\/p>\r\n

This is also in line with the guidelines under the U.S. Constitution against cruel and unusual punishment. In the case of Kennedy v. Louisiana<\/u><\/i><\/a>, the Court banned the death sentence for crimes that do not involve the death of the victim. The high court noted that the death penalty is only for the worst offenses.<\/p>\r\n

What Are the Current Methods of Execution Allowed in Tennessee?<\/b><\/h2>\r\n

There are two methods of execution allowed in Tennessee: electrocution and lethal injection. Lethal injection is the primary method of execution used for inmates on death row. But, inmates with death sentences can choose electrocution if they were convicted before Jan. 1, 1999<\/a>. The state also uses the electric chair as an alternative method of execution if the drugs used for lethal injection are not available.<\/p>\r\n

What Is the Minimum Age for the Death Penalty in Tennessee?<\/b><\/h2>\r\n

The age minimum for the death penalty in Tennessee is 18 years old. The Supreme Court in Roper v. Simmons<\/i><\/a> established this age base. The Court ruled that the state can’t deprive minors of their potential to reach maturity and understand their humanity.<\/p>\r\n

History of Capital Punishment Laws in Tennessee<\/b><\/h2>\r\n

The capital punishment laws in Tennessee date back to 1796<\/u><\/a>. Since then, the laws have undergone significant changes.<\/p>\r\n

In 1916, Julius Morgan<\/a> became the first person executed to death via electric chair after finding him guilty of raping a child. In 1967, the Tennessee General Assembly passed the Post Conviction Procedures Act<\/a>. This gave state inmates the chance to challenge their convictions and sentences.<\/p>\r\n

But, in 1972, the U.S. Supreme Court decision in Furman v. Georgia<\/u><\/i><\/a> significantly shifted capital punishment laws nationwide. Here, the high court voided the death penalty laws in 40 states. This landmark decision resulted in the commutation of sentences for 629 death row inmates<\/u><\/a>.<\/p>\r\n

But, in 1974, Tennessee reinstated the death sentence. The state legislature passed a new law addressing concerns raised by the Court in the Furman<\/i> ruling. Then, the U.S. Supreme Court decision in Gregg v. Georgia<\/i><\/a> upheld the new laws on the death penalty. This allowed states to resume capital punishment for capital offenses. Forty years after the reinstatement of the death sentence, Robert Glen Coe<\/u><\/a> became the first person executed in Tennessee. The Tennessee Supreme Court sentenced Coe to death via lethal injection for the aggravated kidnapping, murder, and rape of an 8-year-old girl.<\/p>\r\n

Recent Activities Related to Capital Punishment in Tennessee<\/b><\/h2>\r\n

In April 2022, Lee<\/a> placed a moratorium on all executions in Tennessee. The governor made this decision after the problems with the lethal injection protocol. According to a report, the Tennessee Department of Corrections (TDOC)<\/a> violated the protocol by its failure to test the drugs used for lethal injection for potential contaminants. After suspension of execution, four death row inmates were given reprieves. Lee added that the execution of death row prisoners would not resume until the TDOC fixes the issues and establishes a proper protocol.<\/p>\r\n

Lee appointed Frank Strada, who had worked with the Arizona Department of Corrections, to lead TDOC. He also asked Strada to oversee the revision of death row execution protocol and staff training.<\/p>\r\n

Note: State laws are subject to change. While we strive to provide the most current information, please consult a <\/i>criminal defense attorney<\/i><\/a> or conduct legal research to verify the state or federal laws you are researching.<\/i><\/p>\r\n

Seek Legal Help From a Criminal Defense Attorney<\/b><\/h2>\r\n

Dealing with capital punishment laws can be challenging and overwhelming. If you or someone you know is facing capital charges in Tennessee, consult a criminal defense attorney<\/u><\/a>. They can guide you in understanding your rights and look at the possible defenses you have to get the best outcome in your case. Criminal law attorneys can also update you on any changes in capital punishment laws. Contact an experienced criminal defense attorney<\/u><\/a> today to protect your rights and future.<\/p>\r\n

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