Vermont Capital Punishment Laws

Few legal topics are as controversial as capital punishment. Death penalty opponents argue that it violates the Eighth Amendment's protection against cruel and unusual punishment. Those who support the death penalty believe that it is a fitting punishment for people who commit heinous crimes.

While some polls show that a majority of Americans support capital punishment, there's been a recent trend to abolish the death penalty in some states. Criminal justice scholars and the public voice their opinions on the death penalty.

The Vermont legislature decided to do away with the death penalty in 1972 when the U.S. Supreme Court said it was unconstitutional in Furman v. Georgia.

Here, we'll offer a brief history of the death penalty in the State of Vermont. We will also break down the number of states with the death penalty and discuss the recent trend of state legislatures abolishing capital punishment in their jurisdictions.

Current State of Capital Punishment in America

According to the Death Penalty Information Center, 27 states still have death penalty statutes. Of these, six states have put a moratorium on executions. They still house death row inmates, but they are not executing prisoners.

The rest no longer impose a sentence of death, even in cases involving heinous crimes. But, the federal government still imposes death for federal crimes. This means that, occasionally, non-death penalty states still have to carry out federal executions.

Some states that no longer impose the death penalty include Virginia, Washington, Wisconsin, and New York. In these states, the maximum sentence for murder and other serious crimes is life imprisonment or life in prison without the possibility of parole.

Those states that still embrace capital punishment include Texas, Pennsylvania, California, and Arizona.

In those states with death penalty statutes, the courts limit capital cases to those involving first-degree murder. Many of them also impose the death penalty in cases where the felony-murder rule applies.

The Department of Corrections in each state typically carries out executions. Lethal injection is the method of executions in almost all death penalty states.

Vermont Has Abolished Its Death Penalty

Vermont doesn't have the death penalty. In 1972, in Furman v. Georgia, the U.S. Supreme Court said that most state capital punishment laws were unconstitutional due to arbitrary imposition of the death penalty.

The Court found evidence that many states imposed death sentences in a discriminatory way. It also said that the states were inconsistent in how they imposed the death penalty.

After the Furman decision, most states amended their laws to conform to the Supreme Court's requirements, but Vermont wasn't one of them. Rather than amend its death penalty laws, the Vermont lawmakers chose to abolish the death penalty.

The state performed its last execution in 1954.

Federal Death Penalty and Federal Executions

As stated earlier, the U.S. government maintains a federal death penalty statute. While Vermont doesn't use the death penalty, the federal government still does. Federal death penalty laws allow capital punishment for murder, espionage, and treason.

Vermont residents with convictions for these federal crimes can still face the death penalty. An example of this is the retrial of Donald Fell in Vermont federal court. The court originally convicted Fell of two counts of murder and sentenced him to death in 2005. But, in 2015, the appeals court agreed that there had been juror misconduct in Fell's initial trial. So, the court ordered a retrial, which took place in the fall of 2018.

Rather than endure a trial and risk another sentence of death, Fell pleaded guilty, and the court sentenced him to two life sentences. Had the court found Fell guilty, it may have sentenced him to death again. If that were the case, Vermont would have had to execute him at some point, even though there is no death penalty in Vermont.

Note: Capital punishment laws change relatively frequently due to shifts in public opinion and values. Although we strive to keep our information up to date, you should do more research or speak with a criminal defense attorney who specializes in capital cases to ensure your legal information is accurate.

You Don't Have to Solve This on Your Own – Get a Lawyer's Help

If you're facing criminal charges in Vermont, you should meet with an experienced criminal defense lawyer. Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a criminal defense lawyer near you.

Related Resources for Capital Punishment Laws

You can find more information about state capital punishment laws on these pages. Advocacy groups and government agencies also offer more resources. For specific questions and more specialized information, speak with a Vermont criminal defense lawyer.

• State Laws
• Vermont Law