By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed December 06, 2024
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One of the hottest debates among Americans is whether we should have capital punishment. Nebraskans also disagree about whether the death penalty is right or wrong. While the Nebraska legislature has not abolished the death penalty, it has been some time since the state has executed any of Nebraska's death row inmates.
Over the last 10 years, Nebraska lawmakers have debated abolishing capital punishment. When the Nebraska Department of Correctional Services carried out the most recent execution of Carey Dean Moore in 2018, it was the first execution in more than 20 years.
The recent history of capital punishment in Nebraska has had its share of controversy. Here, we'll explain the state of the death penalty in the State of Nebraska, including the crimes that lead to capital cases. We'll also offer a brief history of capital punishment in the United States.
If you or a loved one is facing capital charges in Nebraska, consult an experienced criminal defense lawyer immediately.
Every state except Alaska and Hawaii has had the death penalty at some point. But in 1972, the U.S. Supreme Court ruled that capital punishment was unconstitutional in its application. Specifically, the court in Furman v. Georgia found that the courts in every state handed out death sentences in an arbitrary and discriminatory manner. This violated the cruel and unusual punishment clause of the Eight Amendment. As a result of this court decision, every state abolished the death penalty.
In another case, Gregg v. Georgia (1976), the Supreme Court said the death penalty was constitutional as long as the state courts applied it fairly. It wasn't long before pro-death penalty states, including Nebraska, reinstated capital punishment. Of course, the new death penalty laws reflected the concerns the Supreme Court justices outlined in the Furman decision.
Other states chose not to reinstate capital punishment. In these states, the maximum sentence for serious and heinous crimes is life imprisonment without the possibility of parole.
States that still have the death penalty on the books reserve it for first-degree murder cases or those cases involving murders that happen during the commission of another felony.
Until recent years, Nebraska lawmakers and the Nebraska Supreme Court supported the use of the death penalty. Even after the decision in Furman, the legislature reinstated capital punishment.
Until 2008, the method of execution in Nebraska was the electric chair. But, the Nebraska Supreme Court ruled electrocution as a method of execution unconstitutional. According to the Death Penalty Information Center, this caused lawmakers to switch the method to lethal injection in 2009.
In May 2015, State Sen. Ernie Chambers (I-Omaha) introduced a bill (Neb. Leg. Bill 286) abolishing the death penalty. Republican Gov. Pete Ricketts initially vetoed the bill. But the unicameral state legislature voted 32-15 in support of the bill, defeating Ricketts' veto.
In 2016, lobbyists and politicians in Lincoln, Nebraska, placed a referendum on the general election ballot asking voters to repeal Legislative Bill 286. Despite the cries of death penalty opponents, the referendum was successful, and the death penalty was once again legal in Nebraska.
Despite the success of the referendum, there hadn't been an execution in Nebraska since 1997 until 2018, when the state executed Moore.
The table below highlights Nebraska's capital punishment laws. For more articles and resources, See FindLaw's Death Penalty section.
| Code section | Nebraska Revised Code Sections 28-105, et seq.; 28-303; 29-2519, et seq. |
|---|---|
| Is capital punishment allowed? | Yes |
| Effect of defendant's incapacity | Mitigating factor |
| Minimum age | 18 |
| Available for crimes other than homicide? | Yes (felony murder) |
| Definition of capital homicide | Nebraska law allows the death penalty in first-degree murder cases. Defendants are subject to a death sentence in the following circumstances:
|
| Method of execution | Lethal injection (Note: The Nebraska Department of Correctional Services was the first state to use fentanyl as a lethal injection drug during the execution of Carey Dean Moore.) |
Note: State laws are subject to change through new legislation and higher court decisions. Enforcement of capital punishment is primarily a function of the governor's office. You may want to contact a Nebraska criminal defense attorney or conduct legal research to verify your state laws.
Meeting with a Nebraska criminal defense attorney can help if you still have questions about capital punishment. You should also consult a lawyer if you're facing charges in a capital case.
Contact a qualified attorney.
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