Washington Capital Punishment Laws

The legality and application of the death penalty, or capital punishment, varies from state to state. Let's learn more about the specific law in the state of Washington.

Although Washington abolished the death penalty in 2018, the road to absolution was not simple. Capital punishment was the law even before Washington joined the United States.

Historical Background

Capital punishment in America goes back to colonial times. Captain George Kendall of Jamestown, Virginia, was the first person executed in the Colonies. Washington State's first execution by hanging took place in 1849. Washington State abolished the death penalty in 1913 and reinstated it six years later.

National Moratorium

Washington's death penalty statute remained good law until 1972 when the U.S. Supreme Court ruled in Furman v. Georgia. Furman effectively overturned death penalty statutes in the entire United States. In reviewing death sentences issued in Georgia and Texas, the Court determined that each sentence of death violated the Eighth Amendment's prohibition on cruel and unusual punishment.

Although the Court's majority had different reasons for determining the death penalty was unconstitutional, the Furman ruling ushered in a national moratorium. According to the Death Penalty Information Center, this case overturned the death penalty in every state and "spared the lives of nearly 600 people" then on death row.

From 1972 through 1976, most state legislatures, including Washington's legislature, had to reconsider their death penalty statutes. On Nov. 5, 1975, Washington voters approved Washington Initiative 316, a ballot initiative to approve a new death penalty statute. The question proposed by this initiative was simple: should the death penalty be mandatory in the case of aggravated murder in first-degree murder? Washington voters (70%) resoundingly approved of this initiative.

Gregg v. Georgia marked the end of the national moratorium and a return to the death penalty. In Gregg, the Supreme Court laid out criteria for death penalty statutes. These criteria included the following:

• Imposing a death sentence based on objective criteria to limit the use of discretion
• Death penalty statutes should allow the sentencing judge or jury to consider the defendant's character before imposing the death penalty.

The Death Penalty in Washington State

Although Washington voters overwhelmingly approved Washington Initiative 316, the Washington State Supreme Court deemed the initiative unconstitutional because of disparities in application. The state legislature addressed these disparities and passed new legislation to impose the death penalty.

In February 2014, then-Gov. Jay Inslee issued a moratorium on capital punishment in Washington. In 2017, Inslee and then-Attorney General Bob Ferguson unsuccessfully tried to abolish the death penalty. Despite their lack of legislative success, the death penalty was abolished in 2018 after the Washington State Supreme Court found that Washington's death penalty statute violated the Washington State Constitution in State v. Gregory.

The court found that the statute violated the prohibition on cruel and unusual punishment in the Washington State Constitution because of racial bias. The court ruling relied on a University of Washington study presented in State v. Gregory that demonstrated racial bias in the application and administration of the death penalty statute. More specifically, the court noted that "given the evidence before this court and our judicial notice of implicit and overt racial bias against Black defendants in this state, we are confident that the association between race and the death penalty is not attributed to random chance."

When the Washington State Supreme Court abolished the death penalty, the eight people then on death row had their sentences converted to life imprisonment. Five years later, in 2018, the Washington state legislature repealed all state laws on capital punishment in SB 5087.  This senate bill noted the reason for the bill as follows:

"Removing language from the Revised Code of Washington that has been identified by the justices of the supreme court or judges of the superior courts as defects and omissions in the laws pursuant to Article IV, section 25 of the Washington State Constitution."

In April 2023, Inslee signed SB 5087 into law, formally abolishing the death penalty in Washington.

What Methods of Execution Were Available in Washington?

Two methods of execution were legal in Washington before the abolishment of the death penalty:

• Lethal injection
• Hanging

Washington gave people facing the administration of the death penalty their choice of method. Lethal injection was the default unless the person chose to hang as their preferred execution method.

Was There a Minimum Age for Capital Punishment?

No, there was no minimum age for executions in Washington before the abolition of the death penalty.

Here is an updated table highlighting Washington's status on capital punishment.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Get Legal Help

Although Washington criminal defense attorneys no longer handle death penalty cases, they can help you navigate the criminal justice system. They can provide legal advice and handle your criminal defense case from start to finish. Speak to a Washington criminal defense attorney today.