By Samuel Strom, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 08, 2024
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Following a botched execution in 1885, Maine's state legislature decided to abolish the death penalty. In 1887, it abolished capital punishment. Although there have been several attempts to reinstate a death penalty law, Maine continues to ban capital punishment.
This article describes the history of capital punishment in Maine. It begins with the state's current capital punishment law. It then describes the historical background and use of the death penalty.
The following chart lists the capital punishment laws in Maine.
| Code section | Maine Revised Statutes Title 17-A Section 1502: Authorized Sentences Maine Revised Statutes Title 17-A Section 1603: Imprisonment for Crime of Murder |
|---|---|
| Is capital punishment allowed? | No |
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.
According to Death Penalty USA, Maine has executed 21 people in its history. Maine became a state in 1820. It allowed juries to impose capital punishment until the state legislature banned it in 1876. But, in 1883, the legislature passed a bill that allowed the death penalty in murder cases.
The last person executed was a convicted murderer, Daniel Wilkinson, in 1885. The Death Penalty Information Center notes that "[d]ue to a poorly-tied hangman's noose, Daniel Wilkinson died slowly of strangulation."
Wilkinson's botched execution spurred the state legislature to listen to anti-death penalty supporters. In 1887, the state abolished the death penalty. The Maine State Legislature offers a timeline of the state's death penalty laws.
Today, the harshest penalty for a crime in Maine is a sentence of life imprisonment. But, if a Maine resident gets convicted of a federal crime that carries a sentence of death, the federal government can execute them.
Maine and 22 other states, plus the District of Columbia, do not impose the death penalty. States with no death penalty are:
Six states allow the death penalty, but there are moratoriums on their use. These states are as follows:
For more information, read FindLaw's Death Penalty Laws by State article, which offers information about each state's death penalty laws. It also has information about the method of execution used in each, such as electrocutions and lethal injections.
As you research Maine's rules on the death penalty, consider the links below for more information.
Also, consider reading the FindLaw's History of Death Penalty Laws article for a broader understanding of capital punishment in American history.
Although Maine's legislature voted to repeal the death penalty a long time ago, you can still face severe criminal punishment and time in state prison if convicted of a crime. Also, if the government charges you with a serious federal crime, you could find yourself on death row if convicted. If you face criminal charges, consider contacting a criminal defense attorney to protect your legal rights.
Contact a qualified attorney.
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