North Dakota Capital Punishment Laws

Execution as a form of punishment for particularly heinous crimes is referred to as capital punishment, or "the death penalty.” Typically, capital punishment is reserved only for those who commit first-degree murder, especially where there is a lack of remorse or a pattern of cruelty.

Most states use lethal injection for executions, although the difficulty in accessing lethal drugs has led some states to switch back to hanging, electric chair, or other methods.

North Dakota abolished the death penalty in 1973. Read on to learn more about North Dakota laws and its history with the death penalty.

North Dakota Capital Punishment Laws at a Glance

North Dakota once carried out death sentences via public hangings, up until the state's first private hanging in 1905. That would also be the last execution in North Dakota, although capital punishment would remain technically legal until its abolition in 1973.

North Dakota’s Attorney General and the Department of Corrections have overseen the shift toward life imprisonment without parole as an alternative to the death penalty.

See FindLaw's Death Penalty section for more articles and resources.

Note: State laws may change at any time, usually through the enactment of new legislation but sometimes in response to higher court decisions or actions by the federal government. While we strive to ensure the accuracy of these pages, it’s best to consult with a North Dakota criminal defense attorney to learn how these laws apply to individual cases.

Death Penalty at the Federal Level

Policies concerning the death penalty in the United States have evolved significantly, from regular hangings in the 19th century to increasing statewide moratoriums and abolition efforts in the late 20th and early 21st centuries.

The federal government initially banned capital punishment in 1972, when the U.S. Supreme Court deemed Georgia's death penalty statute unconstitutional. However, the Court reinstated the death penalty in Gregg v. Georgia in 1976, establishing a legal framework for states that choose to retain it.

Today, the death penalty remains a contentious issue, with states like Texas and Florida actively using it. Others have abolished it, including:

• Maine

• Minnesota

• Michigan

• New York

• Wisconsin

• Oregon

• Connecticut

• Maryland

• New Mexico

• South Dakota

Other states, like California, still have the death penalty as an option but typically do not use it.

Despite these shifts, the death penalty continues to be a contentious and debated issue across the American landscape, as nearly all industrialized nations outside the U.S. have outlawed the practice.

Is Anyone on Death Row in North Dakota?

North Dakota does not currently have an active death row, as the state has not utilized the death penalty in recent decades. However, on February 8, 2007, Alfonso Rodriguez Jr. received a federal death sentence for the kidnapping and murder of Dru Sjodin, becoming the sole person on federal death row for a crime committed in North Dakota.

Rodriguez's case was subject to federal prosecution because he transported Sjodin's body across state lines. At the time of Rodriguez's sentencing, the state’s attorney general cited various aggravating factors in the case. But, as of March 2023, the federal government dropped its pursuit of the death penalty against Rodriguez.

Historical Uses of Capital Punishment in North Dakota

This section provides brief information on the state's first and last instances of imposing the death penalty.

George Miller (1885)

In 1885, North Dakota executed George Miller after he pleaded guilty to the murders of a Grand Forks woman and her six-year-old son. Law enforcement arrested Miller in Minnesota and transported him to a Grand Forks penitentiary to await his trial.

Although Miller pleaded guilty, the judge ordered a trial so all witnesses could testify. After the trial, the judge sentenced Miller to death by public hanging. The territorial Supreme Court affirmed the sentence. The territory executed Miller on October 30, 1885.

John Rooney (1905)

Law enforcement arrested John Rooney for a man's murder just west of Fargo. The jurors convicted him, and the state sentenced him to death by hanging.

Rooney's attorneys managed to reset his execution date three times while he was on death row. However, the state eventually executed Rooney in Bismarck, North Dakota in October of 1905. According to the Death Penalty Information Center, Rooney was the last person executed in North Dakota.

In 1915, the North Dakota legislature repealed most laws imposing the death penalty. The main exceptions were treason and instances when someone serving a life sentence killed a prison guard.

Have Questions About North Dakota’s Capital Punishment Laws? Ask an Attorney

If you have questions about North Dakota's capital punishment laws, a criminal defense attorney can provide clear answers. They can explain the current status and historical use of the death penalty in the state. Reach out to a North Dakota criminal defense attorney today to understand how these laws might apply to your specific case.