By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by FindLaw Staff | Last reviewed September 27, 2024
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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.
This article examines the capital punishment laws in the District of Columbia. It discusses its current legal status, history, and trends across the country.
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 (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.
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 without release for the most severe crimes.
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.
Capital punishment in the District of Columbia reflects the country's broad national debates and trends. The first execution recorded 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.
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.
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 The D.C. council likewise repealed the death penalty in 1981.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.
In 1997, then-Mayor Marion Barry proposed a bill aiming to allow capital punishment for murder. The Judiciary Committee of the District rejected it.
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.
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:
The courts likewise look at aggravating factors. The defendant's intent or degree of culpability also affects the death sentence.
Capital punishment laws remain a crucial issue in the United States. The District's stance against the death sentence mirrors the broader national trend of reducing or eliminating this capital penalty.
Now, 23 states, plus the District of Columbia, have abolished the death sentence. They are:
Three states now have a moratorium on the death sentence:
Note: Criminal charges, especially those that might carry the death penalty, are serious. Also, state capital punishment laws are constantly changing — contact a District of Columbia criminal defense attorney or conduct your own legal research to verify the state laws you are researching.
Criminal cases, particularly those involving capital offenses, require legal experts. If you or someone you know is facing a serious criminal charge in the District of Columbia, seek legal advice from a criminal defense attorney. These legal professionals can help you protect your rights and develop a strong defense.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many District of Columbia attorneys offer free consultations.
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