{"id":377181,"date":"2016-03-31T21:37:16","date_gmt":"2016-04-01T02:37:16","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/west-virginia-law\/west-virginia-capital-punishment-laws.html"},"modified":"2024-12-06T11:23:22","modified_gmt":"2024-12-06T16:23:22","slug":"west-virginia-capital-punishment-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/west-virginia-law\/west-virginia-capital-punishment-laws.html","title":{"rendered":"West Virginia Capital Punishment Laws"},"content":{"rendered":"\n
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West Virginia 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

West Virginia abolished the death penalty in 1965. The state last executed a death row inmate in 1959. Although lawmakers have introduced bills to reinstate the death penalty as recently as 2024<\/a>, none have passed both the state house and the senate.<\/p>\r\n

West Virginia Capital Punishment Statute<\/b><\/h2>\r\n

The chart below details the capital punishment statute in West Virginia.<\/p>\r\n\r\n
Code section<\/th>\r\n

West Virginia Code \u00a7 61-11-2: Capital Punishment Abolished<\/a><\/p>\r\n<\/td>\r\n<\/tr>

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

No. West Virginia abolished the death penalty in 1965.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

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

Capital Punishment in West Virginia: Historical Background<\/b><\/h2>\r\n

The Death Penalty Information Center notes<\/a> that West Virginia has executed 115 inmates in its history. Before 1899, individual counties generally carried out executions. Between 1899 and 1959, the state of West Virginia carried out death sentences.<\/p>\r\n

Most executions before 1950 were by hanging. Between 1951 and 1959, the state used the electric chair to execute people.<\/p>\r\n

The last execution in state history happened on April 3, 1959. A jury convicted Elmer Brunner<\/a> of murdering an older woman and imposed the death penalty. The state executed him using the electric chair.<\/p>\r\n

The West Virginia legislature abolished the death penalty in 1965. Democrats Jesse Barker and Robert Holliday introduced House Bill 517<\/a> to repeal the death penalty. The bill passed both West Virginia legislative houses, and Gov. Hulett Smith signed the bill into law.<\/p>\r\n

West Virginia was the last state to abolish the death penalty before the U.S. Supreme Court\u2019s decision in Furman v. Georgia<\/i><\/a> (1972). There, the Court said the death penalty was unconstitutional because it violated the Eighth Amendment\u2019s prohibition against cruel and unusual punishment<\/a>. The Court\u2019s decision acted as a moratorium on the death penalty nationwide. But four years later, the Court allowed state legislatures to reinstate the death penalty after its decision in Gregg v. Georgia<\/i><\/a> (1976).<\/p>\r\n

Proposed Legislation<\/b><\/h3>\r\n

In 2024, Republican lawmakers introduced a bill calling for the reinstatement of the death penalty<\/a> in West Virginia. Sen. Mike Stuart introduced a bill on the first day of the 2024 legislative session that would impose the death penalty in some first-degree murder cases. Specifically, the proposed law would allow the death penalty in cases involving the killing of a law enforcement officer or a first responder in the line of duty.<\/p>\r\n

Research the Law<\/b><\/h2>\r\n

For more information about West Virginia laws and the death penalty, browse the following links:<\/p>\r\n