Louisiana Capital Punishment Laws

Louisiana has a long and complicated history with capital punishment. The use of capital punishment in Louisiana dates back to its pre-statehood days when the French controlled the Louisiana Territory. As of November 2024, Louisiana hasn't executed anyone since 2010, despite having an active death penalty statute and offenders on death row.

Historical Background

Louisiana's history with capital punishment dates back to its time as a French colony. Records from the early 18th century reveal that capital punishment was alive and well in the Louisiana Territory. During that era, Louisiana used the following methods to public execute offenders:

• Hanging
• Breaking on the wheel
• Burning at the stake

Capital punishment was not limited to murder during this era. Capital punishment-eligible crimes included the following:

• Murder
• Theft
• Enslaved deserters (male and female)

The state used breaking on the wheel on leaders of revolts by enslaved people — those convicted of treason, heresy, and witchcraft faced burning at the stake.

Reorganization of Louisiana's Death Row

From 1835 to 1901, Louisiana did not have a stable location for its penitentiary. This changed in 1901 when Louisiana purchased Angola from a former Confederate major. Angola (Louisiana State Penitentiary) is a former plantation that houses Louisiana's male death row inmates. The Louisiana Correctional Institute for Women houses women on Louisiana's death row.

Introduction of the Electric Chair

Though Louisiana executed many people via hanging between 1901 and 1939, it changed course in 1940 when the legislature authorized electrocution. Due to a nuance in Louisiana law, executions had to take place in the parish where the crime happened. For this reason, Louisiana had a traveling electric chair to carry out these executions. Louisiana used the electric chair for the first time in 1941. Louisiana stopped using the traveling electric chair in 1956 when the state legislature approved a move to the Angola prison.

Introduction of Lethal Injection

Louisiana used electrocution as a new method of execution until 1991 when it started using lethal injection drugs to execute offenders. Louisiana expanded its list of execution methods when the Louisiana legislature approved nitrogen gas as an option during a special session on crime. According to the Associated Press, Gov. Jeff Landry approved nitrogen gas to carry out executions in March 2024.

Today, methods of execution in Louisiana include the following:

• Electrocution
• Lethal injection
• Nitrogen gas

One of the main reasons Louisiana added a new method to execute offenders because of litigation over the use of lethal injections and an inability to source the drugs used in lethal injections.

Litigation and Louisiana's Capital Punishment Laws

Although the Louisiana Supreme Court adjudicates many cases about the application of the death penalty, the U.S. Supreme Court has also adjudicated many Louisiana death penalty cases.

Impact of Furman v. Georgia

Furman v. Georgia is a seminal U.S. Supreme Court that affected the nation. In Furman, the Court determined that Georgia's death penalty statute was unconstitutional because it constituted cruel and unusual punishment. In Furman, Georgia imposed the death penalty on William Henry Furman for an accidental killing during a robbery. The Court's ruling in this matter ushered in a national death penalty moratorium as state legislatures scrambled to ensure the constitutionality of their death penalty statutes.

This changed in 1976 after the Court reversed itself in Gregg v. Georgia, holding that the death penalty did not violate the Eighth and Fourteenth Amendments, respectively. During that term, the Court also heard Branch v. Texas and Roberts v. Louisiana. In Roberts, the Court determined the Louisiana death penalty statute was not constitutional because it was mandatory and made no allowances for mitigating factors.

Louisiana resumed executions in 1976. In 1977, the U.S. Supreme Court heard another case, Harry Roberts v. Louisiana, dealing with the issue of mandatory death sentences. In Harry Roberts, Louisiana tried to skirt the Roberts ruling with "limited" mandatory death sentences for the murder of a police officer. The Court ruled against Louisiana, saying its decision in Roberts extended to all murders.

In 2008, the Court ruled in Kennedy v. Louisiana, saying the imposition of the death penalty in a non-homicide case constituted cruel and unusual punishment under the Eighth Amendment.

Lethal Injection Litigation

Since 2010, several death row prisoners have challenged Louisiana's lethal injection protocol and use. According to the Death Penalty Information Center, the Louisiana Department of Public Safety and Corrections preemptively sued all death row inmates to prevent them from challenging the state's lethal injection protocol. Since that time, Louisiana has not executed anyone. The state has had difficulty getting the drugs necessary to carry out lethal injections.

The following table highlights the basics of Louisiana capital punishment laws:

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Get Legal Help

Death penalty cases are complex by nature. If you or a loved one is facing a death penalty-eligible criminal case, a qualified Louisiana criminal defense attorney can help. They are experts in this area of criminal law and can help you navigate the entire process. Speak to an experienced Louisiana criminal law attorney today.