Kentucky Capital Punishment Laws

The death penalty is the most severe punishment for crimes committed in Kentucky. The courts reserve the death sentence for heinous crimes of murder. In Kentucky, before imposing capital punishment, the law requires the presence of at least one aggravating factor.

This article examines the nuances of Kentucky's death penalty laws, including their history, the current method of execution in the state, and recent developments.

Does Kentucky Allow the Death Penalty?

Yes. Kentucky is among the states that have capital punishment. It's statutes reserve this form of punishment for the most heinous crimes, mainly aggravated murders, that meet specific criteria. The Kentucky State Penitentiary near Eddyville houses death row inmates in Kentucky.

However, executions have been halted in Kentucky. Death row inmates challenged Kentucky's execution regulations, leading to a 2010 injunction halting executions. When the regulations were revised in 2024, the Commonwealth requested that the 2010 injunction be lifted. the Kentucky Supreme Court dismissed the Commonwealth's request, maintaining the injunction and advising other legal remedies.

What Are the Capital Offenses in Kentucky?

Under Kentucky Revised Statutes, the death penalty is for those convicted of murder with aggravating circumstances. The following are some of the circumstances that may warrant a death sentence:

• The offender has a prior conviction for a capital offense or has a history of committing assaultive criminal convictions.
• The offender kidnapped or murdered while committing arson, robbery, burglary, rape, or sodomy in the first degree.
• The offender knowingly created a high risk of death to more than one person in a public setting.
• The offender committed murder for hire.
• The offender murdered a prison employee while a prisoner.
• The offender intentionally committed acts of killing that resulted in multiple deaths.
• The victim was a public official, deputy sheriff, sheriff, or police officer engaging in their duties at the time of the crime.
• The offender murdered a victim during an emergency protective order, domestic violence order, or other order intended to protect the victim from the offender.
• The offender committed intentional acts of killing, which resulted in the death of a child younger than 12.

The presence of aggravating factors does not automatically result in the death penalty. The decision to seek a death sentence lies with the prosecution.

Is Capital Punishment Available for Crimes Other than Homicide?

Yes. Kentucky allows the death penalty for kidnapping if it causes a death. The death sentence can also happen if the victim is not released alive or dies later due to severe physical injuries received during the kidnapping. Or if the victim died because the kidnapper did not release them to a safe place or in a secure manner.

What Is the Minimum Age for the Death Penalty in Kentucky?

According to Kentucky law, the state will not sentence to death offenders who were under 16 when they committed the offense. Also, the U.S. Supreme Court determined in 2005 that the execution of those who committed a crime while under 18 is unconstitutional, stating it is cruel and unusual punishment. This overturned a previous decision from a case out of Kentucky, Stanford v. Kentucky.

What Are the Current Methods of Execution in Kentucky?

Kentucky uses lethal injection as its primary method of execution. The change happened on March 31, 1998. But, if an offender received their death penalty sentence before March 31, 1998, the offender gets to choose either electrocution or lethal injection. If the offender does not select at least 20 days ahead of the execution, the state will use lethal injection as the default method.

History of Capital Punishment in Kentucky

The history of capital punishment in Kentucky dates back to its early statehood. According to the Kentucky Law Journal, the first recorded execution was in 1780. Back then, hanging was the primary method of execution.

Then, a pivotal moment happened on Aug. 14, 1936, when the state hanged Rainey Bethea in public. According to newspapers, around 20,000 people watched the execution. After the public execution of Bethea, the state abolished hanging as a method of execution.

Like other states, Kentucky also temporarily suspended the death sentence in 1972 after the U.S. Supreme Court decision in Furman v. Georgia. Here, the Supreme Court nullified the death sentence and said it was discriminatory and arbitrary punishment. The state reinstated capital punishment in 1975 after lawmakers revised the laws to address the concerns raised in Furman.

The Commonwealth of Kentucky reinstated capital punishment in 1975. According to the Death Penalty Information Center, Kevin Stanford was a juvenile offender sentenced to death. At the time Stanford committed murder, he was 17. The case reached the U.S. Supreme Court, upholding the use of death sentences against offenders 16 or 17 years old. But in 2003, Kentucky Gov. Paul Patton commuted the death sentence against Stanford to life imprisonment without possibility of parole.

In 2005, a significant shift happened after the U.S. Supreme Court ruling in Roper v. Simmons. Here, the court ruled it is cruel and unusual punishment to use capital punishment on death row inmates who were minors when they committed the crime. The last execution that took place in the state was in 2008, and the state hasn't executed in recent decades.

What are the Recent Activities Related to Capital Punishment in Kentucky?

In April 2022, Kentucky took a significant step in its capital punishment laws by enacting legislation that restricts imposing a death sentence on death row inmates diagnosed with severe mental illness.

Gov. Andy Beshear signed into law the House Bill 269. This law made Kentucky the second state to bar capital punishment for defendants diagnosed with certain mental health illnesses. In March 2024, Attorney General Russell Coleman announced that the state would restart its executions of death row inmates. As of July 2024, 25 people are on death row. Karu White (sentenced in 1980) has been on death row the longest.

Note: State laws are subject to change. Although FindLaw strives to provide the most current information, it is best to seek legal help from an attorney before making any legal decision.

Research the Law

• Kentucky Law
• Official State Codes

Related Resources

• Death Penalty Laws
• DNA as an Exoneration Tool
• First Degree Murder Penalties and Sentencing
• Criminal Procedure FAQs

Seek Legal Help from a Criminal Defense Attorney

Facing criminal charges that could result in capital punishment is a serious matter. With this, seeking legal advice from a criminal defense attorney is crucial. A criminal defense lawyer can provide the guidance you need to explore solid defenses for your case. They can also protect your rights at each stage of the legal proceedings. Whether you are in Lexington, Louisville, or Frankfort, there are criminal defense attorneys who can help you.