The death penalty continues to be a hot-button issue in the United States. Over the years, its viability as a method of punishment has come under fire by numerous groups for various reasons. Should we punish our most serious offenders with the most serious consequence - taking their lives from them?
Some argue that too many innocent people are wrongly accused and then sentenced to death row. Others still believe that the old adage "an eye for an eye" should be our guiding principle when it comes to crime deterrence.
While a 2016 poll by the Pew Research Center found that 49% of Americans supported the death penalty, the support ticked up in 2018 to 54% in favor of the death penalty. Wherever you stand on the issue, keep in mind that each state has its own death penalty laws and ways of implementing them.
Narrowing of the Death Penalty
The U.S. Supreme Court has narrowed the application of the death penalty in several cases, making it harder to prescribe this form of punishment across the board. For instance, mentally disabled offenders (Atkins v. Virginia) and juvenile offenders (Roper v. Simmons) cannot face the death penalty as a potential sentence (as of 2017).
Method of Execution
Lethal injection is the primary method of execution in all states which allow for the death penalty. More than a dozen states also use a secondary method of execution and six states utilize other methods that are available if the offender requests an alternative. To be clear, secondary methods of execution range from electrocution, lethal gas, hanging, and/or firing squad. Be sure to check the laws in your state to learn more.
Death Penalty Laws by State
Below you'll find a list of death penalty laws in all 50 states and the District of Columbia, including whether capital punishment is allowed, the year it was abolished (if applicable), and the approved methods of execution. Remember, capital punishment laws are changing at a rapid pace. Be sure to check with a qualified criminal defense attorney in your area if you or someone you love is facing the death penalty.
State |
Death Penalty Allowed? |
Approved Method of Execution |
Additional Provision |
Alabama |
Yes |
Lethal injection with secondary methods if necessary |
|
Alaska |
No, abolished in 1957 |
N/A |
Alaska capital punishment laws |
Arizona |
Yes |
Lethal injection with secondary methods in limited circumstances |
|
Arkansas |
Yes |
Lethal injection with secondary methods in limited circumstances |
|
California |
Yes |
Lethal injection with secondary methods in limited circumstances |
|
Colorado |
Yes |
Lethal injection |
|
Connecticut |
N/A |
Connecticut capital punishment laws |
|
Delaware |
No, abolished in 2016 |
N/A |
Delaware capital punishment laws |
District of Columbia |
No, abolished 1981 |
N/A |
District of Columbia capital punishment laws |
Florida |
Yes |
Lethal injection with electrocution as an option at the offender's request |
|
Georgia |
Yes |
Lethal injection |
|
Hawaii |
No, abolished in 1957 |
N/A |
Hawaii capital punishment laws |
Idaho |
Yes |
Lethal injection |
|
Illinois |
No, abolished in 2011 |
N/A |
|
Indiana |
Yes |
Lethal injection |
|
Iowa |
No, abolished in 1965 |
N/A |
Iowa capital punishment laws |
Kansas |
Yes |
Lethal injection |
|
Kentucky |
Yes |
Lethal injection; an offender sentenced before the introduction of lethal injection can choose to be electrocuted |
|
Louisiana |
Yes |
Lethal injection |
|
Maine |
No, abolished in 1887 |
N/A |
Maine capital punishment laws |
Maryland |
No, abolished in 2013 |
N/A |
|
Massachusetts |
No, abolished in 1984 |
N/A |
Massachusetts capital punishment laws |
Michigan |
No, abolished in 1963 |
N/A |
Michigan capital punishment laws |
Minnesota |
No, abolished in 1911 |
N/A |
Minnesota capital punishment laws |
Mississippi |
Yes |
Lethal injection with secondary methods if necessary |
|
Missouri |
Yes |
Lethal injection or gas inhalation |
|
Montana |
Yes |
Lethal injection |
|
Nebraska |
Yes |
Lethal injection |
|
Nevada |
Yes |
Lethal injection |
|
New Hampshire |
Yes, but only for murder under specific circumstances |
Lethal injection with a secondary option of hanging if lethal injection is unavailable |
|
New Jersey |
No, abolished in 2007 |
N/A |
New Jersey capital punishment laws |
New Mexico |
No, abolished in 2009 |
N/A |
New Mexico capital punishment laws |
New York |
No, abolished in 2007 |
N/A |
|
North Carolina |
Yes |
Lethal injection |
|
North Dakota |
No, abolished in 1973 |
N/A |
North Dakota capital punishment laws |
Ohio |
Yes |
Lethal injection |
|
Oklahoma |
Yes |
Lethal injection with secondary methods if lethal injection is unavailable |
|
Oregon |
Yes, but in 2011 Governor Kitzhaber placed a moratorium on executions |
Lethal injection |
|
Pennsylvania |
Yes, but the Pennsylvania Supreme Court will consider putting an end to it |
Lethal injection |
|
Rhode Island |
No, abolished in 1984 |
N/A |
Rhode Island capital punishment laws |
South Carolina |
Yes |
Allows prisoners to choose between legal injection and electrocution |
|
South Dakota |
Yes |
Lethal injection |
|
Tennessee |
Yes |
Lethal injection with secondary methods in limited circumstances |
|
Texas |
Yes |
Lethal injection |
|
Utah |
Yes |
Lethal injection with firing squad as a secondary method under certain circumstances |
|
Vermont |
No, abolished in 1987 |
N/A |
Vermont capital punishment laws |
Virginia |
Yes, the first recorded execution in an English American colony occurred in Virginia in 1608 |
Allows prisoners to choose between legal injection and electrocution |
|
Washington |
No, abolished in 2018 |
N/A |
Washington capital punishment laws |
West Virginia |
No, abolished in 1965 |
N/A |
West Virginia capital punishment laws |
Wisconsin |
No, abolished in 1853 |
N/A |
Wisconsin capital punishment laws |
Wyoming |
Yes |
Lethal injection with legal gas as a secondary method if legal injection is found unconstitutional |
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 law(s) you are researching.
Death Penalty Laws: Relevant Supreme Court Cases
Need More Information About State Execution Laws? Contact an Attorney
The death penalty is a politically charged topic, but one that transcends academic discussion - particularly if you or someone you know is facing execution. This is a rapidly developing area of the law and one that varies by state and the political climate. If you're facing charges with the death penalty as possible punishment, or any charge with the possibility of prison time, don't delay. Get in touch with a local criminal defense attorney now.
