Hawaii Capital Punishment Laws

Americans remain sharply divided on the issue of capital punishment. It's among the more divisive topics in our country. Most national polls show close to an even split between those in favor of the death penalty and those who prefer life imprisonment without the possibility of parole. In recent years, there has been a decline in executions, coinciding with a decrease in public support of the death penalty.

Hawaii abolished the death penalty in 1957 before it became a state. It's the only U.S. state that has never had the death penalty while a state, besides Alaska.

Federal vs. State Death Penalty

The death penalty can be applied at the federal and state levels, each with its own set of rules and procedures. Courts can impose the death sentence at the federal level for certain crimes. These include first-degree murder committed on federal property, with the federal government following specific guidelines. The U.S. Supreme Court's ruling in Furman v. Georgia in 1972 was pivotal. It declared the death penalty's application unconstitutional, leading to a nationwide moratorium.

States also have their own death penalty laws, which can differ widely. Some states actively use capital punishment, while others have abolished it entirely, like Hawaii. This means a sentence can vary greatly depending on whether federal or state courts handle a case.

History of Capital Punishment in Hawaii

In 2014, a Hawaii courtroom in Oahu saw its first death penalty trial, a notable event given that Hawaii abolished capital punishment in 1957. This rare glimpse into death penalty jurisprudence involved former soldier Naeem Williams. He was guilty of capital murder for the death of his 5-year-old daughter at Wheeler Army Airfield.

Since the case got prosecuted under federal law due to the crime happening on a U.S. Army post, the federal jury in Honolulu had the option of imposing the federal death penalty. But the jury chose to reject the death penalty and sentenced Williams to life in prison instead. This case marked the first death penalty case in Hawaii since statehood. It highlighted the unique intersection of federal and state jurisdiction, especially in cases involving native Hawaiians and crimes on federal property.

Capital Punishment Statutes in Hawaii

To some extent, states can have their own capital punishment laws: 23 states have banned capital punishment, and 27 states have death penalty laws in place. The following table outlines Hawaii's capital punishment laws.

Note: State laws are constantly changing -- contact a Hawaii criminal defense attorney or conduct your own legal research to verify the state laws you are researching.

Capital Punishment in America

In 2024, six states have executed 12 people. Those states include Oklahoma, Texas, Alabama, Missouri, Georgia, and Utah. All of these executions were done via lethal injection.

According to the Death Penalty Information Center, 11 states — Delaware, Maryland, Connecticut, Illinois, New Mexico, New York, New Hampshire, Colorado, Washington, Virginia, and New Jersey — have repealed capital punishment since 2007.

There are six states with a governor's hold on executions, meaning anyone on death row in that state will not be executed while that governor is still in office. These states include California, Pennsylvania, Oregon, Arizona, Ohio, and Tennessee.

Texas has carried out the most executions in recent years, with 586 since 1977 as of the end of 2023. The states with the next highest numbers are Oklahoma with 123 executions, Virginia with 113, Florida with 105, and Missouri with 97. In 2021, Virginia became the first Southern state to abolish the death penalty when then-Gov. Ralph Northam signed a law to end it.

You Don't Have to Solve This on Your Own – Get a Lawyer's Help

Many states have differing laws on the death penalty, and they can change over time. If you would like legal help with a death penalty matter, contact a Hawaii criminal law attorney. You can also visit FindLaw's Capital Punishment and the Death Penalty section for more articles and information on this topic.