By Olivia Wathne, Esq. | Legally reviewed by FindLaw Staff | Last reviewed December 31, 2024
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The U.S. Supreme Court reinstated the death penalty, or capital punishment, in 1976 (Gregg v. Georgia) after having ruled it unconstitutional in 1972. This ruling gave states the green light to make capital punishment legal, and most did. The death penalty has fallen out of favor among many Americans, and some states have abolished it.
The death penalty is no longer an available punishment in New Hampshire for capital murder. But it remains a legal punishment for capital crimes committed before May 30, 2019.
Capital punishment was once a common practice, with executions carried out by hanging. In the 1970s, the state's death penalty statute faced scrutiny. This led to a temporary moratorium on executions. The movement toward abolition gained momentum in the 21st century. Then, in 2019, the New Hampshire house and senate passed a death penalty repeal bill. Republican Gov. Chris Sununu vetoed it, but the legislature had a two-thirds majority in the state legislature to override the veto. This override vote made New Hampshire the 21st state to drop capital punishment. Evolving views on justice and a commitment to honoring the rights of victims while rejecting the death penalty drove the decision.
Generally, the death penalty is for those convicted of the most heinous murders. But those who murder during the commission of another felony (even if accidental) also may get the death sentence.
The following table provides more details about New Hampshire's capital punishment provisions. Although New Hampshire no longer has the death penalty, its laws may still apply to crimes committed before May 2019. See FindLaw's Death Penalty section for more articles and resources.
| Code section | N.H. Rev. Stat. § 630:5 |
|---|---|
| Is capital punishment allowed? | No. New Hampshire did away with capital punishment for capital murder convictions on May 30, 2019. The new law replaces the death penalty with life imprisonment without parole, but it remains a legal penalty for crimes committed before that date. |
| Effect of defendant's incapacity | If the defendant is found to be mentally ill or emotionally disturbed during the commission of the crime, the jury must consider this a mitigating factor. A defendant is exempt from execution if pregnant. |
| Minimum age | 17 |
| Available for crimes other than homicide? | No |
| Definition of capital homicide | Capital homicide is intentional murder or committing serious bodily injury resulting in death under specific aggravating circumstances. These include the perpetrator being a repeat offender with prior convictions for serious crimes, committing the murder with premeditation, or creating a grave risk of death to others. It also includes murders committed for pecuniary (financial) gain, to escape custody, or targeting particularly vulnerable victims, such as law enforcement or judicial officers, or involving multiple victims. |
| Method of execution | Lethal injection, or hanging if lethal injection becomes impractical |
Note: State laws are subject to change at any time through the enactment of newly signed legislation, decisions from higher courts, and other means. You may want to contact a New Hampshire criminal defense attorney or conduct your own legal research to verify the state laws you are researching.
New Hampshire's death row has been a relatively small and low-profile aspect of the state's criminal justice system. Historically, the number of people sentenced to death was less than in other states. According to the Death Penalty Information Center, New Hampshire has executed 26 people in its history.
The last person sentenced to death in New Hampshire was Michael Addison in 2008. Addison was convicted of the murder of Manchester police officer Michael Briggs. As of 2019, following the repeal of the death penalty, death row became obsolete in New Hampshire. The state commuted Addison's death sentence to life in prison without parole. This decision also marked a move toward addressing justice through alternative means rather than maintaining death row inmates in the state.
If you have questions about New Hampshire's death penalty or its legal history, consult a New Hampshire criminal defense attorney. An attorney can help explain the abolishment of the death penalty and how it may affect those already sentenced to death.
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