Wisconsin Capital Punishment Laws

Wisconsin is one of the states known for its firm stance against capital punishment. This is evident in the long-standing record of the state as having executed only one person since 1853. Despite public opinion and debates across the country about the death penalty, Wisconsin remains one of the states that uphold life imprisonment as its most severe form of punishment.

In this article, we'll explain why Wisconsin abolished the death penalty. The article examines past events that shaped the state's attitude toward capital punishment.

Does Wisconsin Allow the Death Penalty?

No. The state of Wisconsin has outlawed capital punishment or the use of the death penalty since 1853. Wisconsin is the only state to have executed just one person. While a 2006 poll showed 55% of Wisconsin state voters supported reinstating capital punishment, the state legislature passed on the issue. For now, life imprisonment is the most severe punishment in the state.

History of Capital Punishment in Wisconsin

Wisconsin's lone execution in the state's history came in 1851. John McCaffary was the first and the last person sentenced to death in Wisconsin. The state accused and tried McCaffary for the death of his wife, whom he drowned in big casks in their backyard. Three months after finding him guilty, the court sentenced McCaffary to death by hanging. Around 3,000 people gathered in Kenosha to witness the execution.

According to witnesses and reporters, the executioner hoisted McCaffary in the air by the neck. For around five minutes, McCaffary struggled in the air. Then, medical professionals checked on his pulse. It took another 15 minutes for him to die. The disturbing nature of the method of execution of McCaffary played a crucial role in abolishing the death penalty in Wisconsin.

Christopher Latham Sholes, a Senate member and an editor of the Kenosha Telegraph, also witnessed the execution. After the incident, he campaigned against the death sentence through newspaper editorials. During that period, Wisconsin state law mandated the death penalty in all cases of murder. Because of this, critics argued that juries acquitted people guilty of murder for them to avoid the death sentence.

In 1852, the construction of the first penitentiary in the state was almost complete. Its completion made life imprisonment a possible alternative to the death sentence, likewise boosting the anti-death penalty campaign. Then, on July 10, 1853, Gov. Leonard Farwell signed the Death Penalty Repeal Act, effectively ending capital punishment in Wisconsin.

Recent Push to Reinstate Death Penalty

In the early 1990s, vigorous efforts to reinstate the death penalty happened in Wisconsin after the acts of serial killer Jeffrey Dahmer. The gruesome details of the murder, cannibalism, necrophilia, and dismemberment outraged the public. This also led several lawmakers to call for the reinstatement of capital punishment. But Dahmer's death in 1994, together with the significant decline in murder rates in the state, eased the momentum to reinstate capital punishment. From 1991 to 1996, lawmakers in Wisconsin introduced 22 bills to reinstate the death penalty, but none of these bills passed.

Capital Punishment in America

Capital punishment remains a divisive issue for Americans, including in the states that abolished it. But according to recent data, the United States saw a decrease in the number of executions. In 1999, the country witnessed 98 executions, but in recent years, the states recorded lower numbers. In 2024, there were only 20 death row inmates executed across six states (As of late October). This decreasing number is evident even in states that have historically carried out executions, such as Florida, Missouri, and Texas.

The following are the states with death penalty laws:

• Alabama
• Arizona
• Arkansas
• Florida
• Georgia
• Idaho
• Indiana
• Kansas
• Louisiana
• Mississippi
• Florida
• Georgia
• Idaho
• Indiana
• Kansas
• Louisiana
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• North Carolina
• Ohio
• Oklahoma
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Wyoming

States that abolished the death penalty

• Alaska
• Colorado
• Connecticut
• Delaware
• Washington, D.C.
• Hawaii
• Illinois
• Iowa
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Dakota
• Rhode Island
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin

States that have a moratorium on the death penalty

• California
• Kentucky
• Oregon
• Pennsylvania

Seek Legal Advice from a Criminal Defense Attorney

Facing criminal charges can be overwhelming and daunting. If you or someone you know is in this dilemma, consult a criminal defense attorney. They can give essential guidance and legal advice to secure your rights. A criminal defense attorney can examine the details of your case and advocate on your behalf. They can also ensure that you secure all your rights to appeal and work on the best resolution for your case.