Kansas Capital Punishment Laws

Kansas has a unique relationship with the death penalty, demonstrated by its decision to abolish and reinstate the death penalty several times. Kansas' history with the death penalty dates back to 1861 when Kansas achieved statehood. That same year, Kansas passed its very first death penalty statute for treason. In 1862, the Kansas legislature expanded the death penalty statute to include capital murder. Today, Kansas has not executed anyone since the reinstatement of the death penalty in 1994.

Historical Background

Kansas first abolished the death penalty in 1907, reinstated it in 1935, and gave juries the authority to recommend the death penalty. Between 1944 and 1954, Kansas carried out 15 executions by hanging. Kansas' last execution by hanging was in 1965 when the state executed four murderers.

Impact of Furman v. Georgia

In 1972, the United States Supreme Court issued a ruling in Furman v. Georgia. that had repercussions across the United States of America. In Furman, the U.S. Supreme Court found that the death penalty was unconstitutional because courts didn't apply it evenly. This decision ushered in a national moratorium on the death penalty. The Court held that this inconsistent application of the death penalty was cruel and unusual punishment in violation of the Eighth Amendment.

Although Kansas reinstated the death penalty in 1994, the state has not carried out any executions despite having people on death row. Notably, Kansas eliminated death by hanging and replaced it with lethal injection.

Housing Kansas Death Row Inmates

Kansas houses its "death row" inmates with other inmates at the El Dorado correctional facility. It does not maintain a separate death row. Also the U.S. Military houses its death row inmates at the U.S. Disciplinary Barracks in Fort Leavenworth, Kansas. The U.S. Disciplinary Barracks also houses federal death row prisoners.

Defining Capital Murder

Kansas law defines capital murder as an intentional and premeditated killing under any of the following circumstances:

• Murder committed in the commission of, attempt to commit, or in flight from: kidnapping for ransom, rape, or criminal sodomy
• Murder committed for hire or hiring one to commit murder
• Killing a police officer intentionally
• Serial killing, meaning more than one person under a common scheme or course of conduct
• Murder committed while the defendant is in the custody of a prison or jail facility
• Killing a child under 14 while kidnapping to commit a sex offense on the child

Kansas Capital Punishment Procedures

In Kansas, the death penalty is not the only option for anyone who commits capital murder. Life imprisonment is the other option. Kansas divides capital murder trials into two parts. The first part includes a trial to determine the defendant's guilt or innocence.

Aggravating and Mitigating Circumstances

If the jury convicts the defendant of capital murder, the capital case moves into a sentencing phase. In this second part of the trial, the jury hears the mitigating and aggravating circumstances and determines the appropriate sentence. Mitigating circumstances tend to lessen the degree of criminal responsibility in death penalty cases.

Aggravating circumstances increase this degree based on the factors' malicious nature. Examples of aggravating factors include the following:

• Prior violent felonies
• Torturing the victim or
• Killing a witness in an upcoming criminal trial

In Kansas, if a jury finds the existence of one or more aggravating factor(s) without any mitigating circumstances, it can impose a sentence of death. Otherwise, it will impose a sentence of life without the possibility of parole.

The following table explains more about Kansas death penalty laws.

Note: State laws change frequently. Contact an experienced Kansas criminal defense attorney or conduct your own legal research to verify these criminal laws.

Get Legal Help

If you or a loved one is facing a capital murder charge, you should speak to an experienced criminal defense attorney. A criminal defense attorney specializing in death penalty cases can provide sound legal advice and help you navigate the process. Speak to a Kansas criminal defense attorney today.