Georgia Capital Punishment Laws

Although some states have abolished the death penalty, Georgia and most other states continue to use capital punishment to sentence defendants who commit the most serious crimes.

Georgia has executed over a thousand people since it implemented the death penalty. More than 75 of these executions have taken place since 1983. Georgia ranks fifth in the nation when it comes to the number of statewide executions. As of July 2024, there were 77 death row inmates in Georgia.

If you're involved in a death penalty case, you should know how Georgia's capital punishment laws work. Here, we'll offer a brief history of the death penalty in Georgia. We'll also discuss which crimes carry a potential death penalty sentence. We will break down Georgia's death penalty statute in plain English.

Which Defendants Are Subject to the Death Penalty in Georgia?

Georgia law allows capital punishment in cases involving defendants who are at least 17 years old who commit certain homicides.

Some of the crimes that may result in a death sentence include the following:

• Rape
• Armed robbery
• Crimes against a peace officer
• Airplane hijacking
• Murder for hire
• Treason

This list is not exhaustive. There are other situations where the Georgia courts may apply capital sentencing. For example, if a defendant commits the offense of murder and any of the following aggravating circumstances exist, the state may consider it a capital crime:

• The victim is a peace officer, judge, district attorney (DA), or employee of the Georgia Department of Corrections
• The method of homicide is inhuman, vile, horrible, or involves depravity of the mind
• The defendant was attempting to interfere with a lawful arrest
• The suspect murdered for financial gain
• The defendant murdered in a public place and posed a high risk of death to more than one person
• The defendant has a prior record of conviction for a capital felony

Georgia lawmakers reserve capital punishment for cases where deterrence is possible. Georgia's death penalty is supposed to make would-be criminals afraid to commit a homicide in the first place.

History of Capital Punishment in Georgia

Georgia has had the death penalty for hundreds of years. Initially, the state used to hang death row prisoners. But in 1924, the state switched to electrocution as a method of execution. This was still the method when Georgia reinstated the death penalty in 1973 under Gregg v. Georgia. It wasn't until 2001 that the General Assembly ruled that lethal injection would replace electrocution. This is the manner still in use today.

Georgia became the epicenter of American death penalty policy after the U.S. Supreme Court found the uneven application of Georgia's capital punishment laws in Furman v. Georgia (1972). The court found this constituted "cruel and unusual punishment" under the Eighth Amendment.

The Court said that Georgia's laws were biased against black defendants, though the Supreme Court justices didn't all agree.

This case led to a nationwide moratorium on capital punishment. But, more than 35 states — including Georgia in 1973 — reinstituted the death penalty by enacting new laws meant to apply the sentence more fairly. Many of these states are in the South, including Texas, Louisiana, and Florida.

Most other states have abandoned the death penalty and, instead, use a life sentence or life without parole.

Georgia Death Penalty Laws at a Glance

The following section highlights the basics of Georgia's capital punishment law. To learn more, see History of Death Penalty Laws.

Note: State laws are constantly changing. Contact a criminal law attorney or conduct legal research to verify your state laws.

Get Professional Legal Help with Your Criminal Case

Most crimes are not punishable by death, but many felony offenses carry lengthy prison sentences. The best way to avoid or minimize prison time is to work with an experienced Georgia criminal defense lawyer.

Your Georgia criminal defense attorney will work hard to launch a solid legal defense and avoid a death sentence.

Georgia Capital Punishment Laws: Related Resources

• Georgia Criminal Statute of Limitations
• State Laws
• Georgia Law
• First-Degree Murder Overview
• The U.S. and the Death Penalty
• Official State Codes