Oklahoma Capital Punishment Laws

Oklahoma is second to Texas in its prolific use of the death penalty. According to the Death Penalty Information Center, Oklahoma has executed at least 125 people since 1976, when it reinstated the death penalty. It has the highest rate of executions per capita. Though legislation has been introduced to impose a moratorium on executions while the state researches less painful methods, none had become law by May 2025.

Historical Background of Oklahoma Executions

Oklahoma’s history with the death penalty dates back to 1804, when the United States of America completed the Louisiana Purchase. The Louisiana Purchase included the land that formed the State of Oklahoma, which was subject to U.S. criminal laws by Congress.

Post-Louisiana Purchase

Between the Louisiana Purchase and 1907, when Oklahoma achieved statehood, the federal government carried out executions. Oklahoma’s first execution occurred in 1915 when the state executed Henry Bookman for murder. Oklahoma’s first execution for a crime other than murder took place in 1930, when the state executed James Forrest for rape.

Post-Furman v. Georgia

Like many other states, Oklahoma stopped executions after the U.S. Supreme Court’s ruling in Furman v. Georgia in 1972. That was after they had executed 82 men via electrocution. The Oklahoma legislature later reinstated the death penalty in 1976. Oklahoma was the first jurisdiction in the world to adopt lethal injection as an execution method. Other available measures include electrocution and hanging.

Ballot Initiative

In 2016, Oklahomans approved a ballot initiative to enshrine the death penalty in the Oklahoma Constitution. Part of this ballot measure was a response to Glossip v. Gross. In this U.S. Supreme Court case, Richard Glossip and others challenged Oklahoma’s use of midazolam in its execution protocol during the execution of Clayton Lockett in 2015. Oklahoma used midazolam in the botched execution of Lockett because Oklahoma could not get the drugs it usually used for its lethal injection protocol.

Oklahoma Death Penalty in Practice

Oklahoma recognizes three death penalty-eligible crimes as follows:

• Homicide (capital murder)
• Rape
• Armed robbery

The Oklahoma State Penitentiary, under the direction of the Oklahoma Department of Corrections, houses Oklahoma’s death row.

A district attorney usually prosecutes capital murder trials, which have two stages. The jury determines the defendant’s guilt or innocence in the first stage. If found guilty, the jury determines the appropriate punishment in the second stage. Life imprisonment is often the alternative to a death sentence.

Death Penalty Appeals

Anyone who receives a death sentence in Oklahoma can appeal to the Oklahoma Court of Criminal Appeals (OCCA), the final arbiter of criminal matters in Oklahoma. Death row inmates can also appeal to the governor for clemency. Oklahoma governors often rely on the Oklahoma Pardon and Parole Board to help them reach a decision.

Oklahoma Capital Punishment Highlights

The following table lists the specifics of Oklahoma’s capital punishment laws.

Get Legal Help With Capital Charges in Oklahoma

Criminal charges are serious, especially those considered death penalty-eligible crimes. An experienced criminal defense attorney specializing in death penalty cases can help you navigate the process. Speak to an experienced Oklahoma criminal law attorney today.