Death penalty laws by state
Overview of Death Penalty Laws in the United States
The death penalty remains one of the most divisive legal issues in the United States. As of 2025, 27 states have the death penalty on the books, while 23 states and the District of Columbia have abolished it. However, even among states that technically authorize capital punishment, several have governor-imposed moratoriums that pause executions indefinitely. Understanding which states allow the death penalty, how it is carried out, and what crimes qualify is essential for anyone following criminal justice policy.
| Category | Details |
|---|---|
| States with the death penalty | 27 states |
| States without the death penalty | 23 states + Washington, D.C. |
| States with governor-imposed moratoriums | 6 states (California, Oregon, Ohio, Pennsylvania, Montana, Tennessee) |
| Federal death penalty | Authorized (moratorium under Biden administration; status subject to change) |
| Most common execution method | Lethal injection |
| Most recent state to abolish | Virginia (2021, by legislative repeal) |
Capital punishment in the U.S. operates under a complex patchwork of federal and state laws. The Supreme Court's 1972 ruling in Furman v. Georgia temporarily halted all executions nationwide, and the 1976 decision in Gregg v. Georgia reinstated the death penalty under revised sentencing procedures. Since then, individual states have charted their own courses, with some expanding capital punishment and others moving to repeal it entirely.
States with the death penalty
Twenty-seven states currently authorize capital punishment, though not all of them actively carry out executions. Some states have not executed anyone in decades, while others, particularly in the South, conduct executions regularly. Texas, Oklahoma, and Florida have historically led the nation in the number of executions performed.
| State | Death penalty status | Primary method of execution |
|---|---|---|
| Alabama | Active | Lethal injection, nitrogen hypoxia |
| Arizona | Active | Lethal injection |
| Arkansas | Active | Lethal injection |
| California | Moratorium | Lethal injection |
| Florida | Active | Lethal injection, electrocution |
| Georgia | Active | Lethal injection |
| Idaho | Active | Lethal injection, firing squad |
| Indiana | Active | Lethal injection |
| Kansas | Active (no executions since 1965) | Lethal injection |
| Kentucky | Active | Lethal injection, electrocution |
| Louisiana | Active | Lethal injection |
| Mississippi | Active | Lethal injection |
| Missouri | Active | Lethal injection |
| Montana | Moratorium | Lethal injection |
| Nebraska | Active | Lethal injection |
| Nevada | Active | Lethal injection |
| North Carolina | Active (de facto moratorium) | Lethal injection |
| Ohio | Moratorium | Lethal injection |
| Oklahoma | Active | Lethal injection, nitrogen hypoxia, firing squad |
| Oregon | Moratorium | Lethal injection |
| Pennsylvania | Moratorium | Lethal injection |
| South Carolina | Active | Lethal injection, electrocution, firing squad |
| South Dakota | Active | Lethal injection |
| Tennessee | Moratorium | Lethal injection, electrocution |
| Texas | Active | Lethal injection |
| Utah | Active | Lethal injection, firing squad |
| Wyoming | Active | Lethal injection |
States that actively carry out executions
Texas has executed more individuals than any other state since the reinstatement of the death penalty in 1976, with over 580 executions as of early 2025. Oklahoma, Virginia (before its 2021 abolition), Missouri, and Florida round out the top five in total executions. In recent years, Alabama has drawn particular attention for becoming the first state to execute an inmate using nitrogen hypoxia in January 2024.
Activity levels vary considerably. While Texas may carry out multiple executions per year, states like Kansas and Wyoming have inmates on death row but have not executed anyone in decades. This discrepancy highlights how local prosecutors, state attorneys general, and courts shape whether the death penalty is used in practice.
States with moratoriums on executions
A moratorium is a temporary halt on executions, typically imposed by a governor through executive action. These states still have the death penalty in their criminal statutes, and inmates may still be sentenced to death, but no executions are carried out while the moratorium is in place.
- California: Governor Gavin Newsom imposed a moratorium in 2019. California has the largest death row population in the country, with over 600 inmates.
- Oregon: A moratorium has been in place since 2011, first under Governor John Kitzhaber and continued by subsequent governors.
- Pennsylvania: Governor Tom Wolf imposed a moratorium in 2015. Governor Josh Shapiro has continued it.
- Ohio: Governor Mike DeWine has paused executions since 2020, citing difficulties with lethal injection protocols.
- Tennessee: A moratorium was put in place in 2022 following a review of lethal injection procedures.
- Montana: Recent executive actions have halted executions pending review.
A moratorium is not the same as abolition. A future governor can lift a moratorium and resume executions at any time without changing state law. Only legislative repeal or a court ruling permanently removes the death penalty.
States without the death penalty
Twenty-three states and the District of Columbia have abolished the death penalty either through legislation or court rulings. Many of these abolitions have occurred in the last two decades, reflecting a national trend away from capital punishment. The most recent wave of repeals includes Virginia (2021), Colorado (2020), and New Hampshire (2019).
| State | Year abolished | Method of abolition |
|---|---|---|
| Alaska | 1957 | Legislative repeal |
| Colorado | 2020 | Legislative repeal |
| Connecticut | 2012 | Legislative repeal |
| Delaware | 2016 | Court ruling |
| Hawaii | 1957 | Legislative repeal |
| Illinois | 2011 | Legislative repeal |
| Iowa | 1965 | Legislative repeal |
| Maine | 1887 | Legislative repeal |
| Maryland | 2013 | Legislative repeal |
| Massachusetts | 1984 | Court ruling |
| Michigan | 1846 | Legislative repeal |
| Minnesota | 1911 | Legislative repeal |
| New Hampshire | 2019 | Legislative repeal (veto override) |
| New Jersey | 2007 | Legislative repeal |
| New Mexico | 2009 | Legislative repeal |
| New York | 2007 | Court ruling |
| North Dakota | 1973 | Legislative repeal |
| Rhode Island | 1984 | Legislative repeal |
| Vermont | 1972 | Legislative repeal |
| Virginia | 2021 | Legislative repeal |
| Washington | 2018 | Court ruling |
| West Virginia | 1965 | Legislative repeal |
| Wisconsin | 1853 | Legislative repeal |
| District of Columbia | 1981 | Legislative repeal |
Michigan was the first English-speaking jurisdiction in the world to abolish capital punishment in 1846. Virginia's 2021 abolition was historically significant because the state had executed more people than any other in U.S. history. These shifts demonstrate how even states with long histories of capital punishment can move toward repeal.
Crimes punishable by death
Not every murder qualifies for the death penalty. Capital punishment is reserved for crimes that meet specific "aggravating factors" defined by state law. The Supreme Court has also placed constitutional limits on which offenses and which defendants can be sentenced to death.
| Crime or circumstance | Eligible for death penalty? |
|---|---|
| First-degree murder with aggravating factors | Yes (in death penalty states) |
| Murder of a law enforcement officer | Yes |
| Murder during a felony (felony murder) | Yes, in most death penalty states |
| Multiple murders (serial killing) | Yes |
| Murder for hire | Yes |
| Treason (federal) | Yes |
| Espionage (federal) | Yes |
| Rape (without murder) | No (ruled unconstitutional in Kennedy v. Louisiana, 2008) |
| Drug trafficking (federal, large-scale) | Yes, under certain federal statutes |
Common aggravating factors
Each death penalty state defines its own list of aggravating circumstances that make a murder eligible for capital punishment. While these lists vary, common factors include:
- The murder was committed during the commission of another felony (robbery, kidnapping, sexual assault)
- The defendant has a prior conviction for a violent felony
- The murder involved multiple victims
- The victim was a law enforcement officer, firefighter, judge, or other public official
- The murder was especially heinous, atrocious, or cruel
- The murder was committed for financial gain
- The defendant was a prisoner or escapee at the time
- The victim was a child
Constitutional restrictions
The Supreme Court has established several categorical exclusions from the death penalty:
- Intellectually disabled individuals cannot be executed (Atkins v. Virginia, 2002)
- Offenders under 18 at the time of the crime cannot be executed (Roper v. Simmons, 2005)
- Rape of a child that does not result in death cannot be punished by execution (Kennedy v. Louisiana, 2008)
- Mandatory death sentences are unconstitutional; juries must consider mitigating factors (Woodson v. North Carolina, 1976)
Methods of execution by state
Lethal injection is the primary method of execution in every death penalty state. However, many states have authorized alternative methods as backups, particularly as pharmaceutical companies have increasingly refused to supply lethal injection drugs. These alternatives include electrocution, the gas chamber, firing squad, and, most recently, nitrogen hypoxia.
| Method | States that authorize it |
|---|---|
| Lethal injection | All 27 death penalty states |
| Electrocution | Alabama, Arkansas, Florida, Kentucky, Mississippi, Oklahoma, South Carolina, Tennessee |
| Nitrogen hypoxia | Alabama, Oklahoma, Mississippi |
| Firing squad | Idaho, Mississippi, Oklahoma, South Carolina, Utah |
| Lethal gas | Arizona, California, Missouri, Oklahoma, Wyoming |
| Hanging | New Hampshire (abolished but method was on books), Washington (abolished) |
Alabama made history in January 2024 by carrying out the first execution using nitrogen hypoxia on Kenneth Smith. The method involves replacing breathable air with pure nitrogen, causing death by oxygen deprivation. The execution drew significant controversy and legal challenges, with critics arguing the method constitutes cruel and unusual punishment.
Several states have reauthorized the firing squad in recent years as well. Utah has used it historically and maintains it as an option, while South Carolina passed legislation in 2021 adding the firing squad as an alternative when lethal injection drugs are unavailable.
The federal death penalty
The federal government maintains its own death penalty, separate from state laws. Federal capital crimes include murder related to terrorism, murder of a federal official, large-scale drug trafficking resulting in death, treason, and espionage. Federal death penalty cases are prosecuted in U.S. district courts and can occur in any state, even states that have abolished capital punishment.
| Federal death penalty detail | Status |
|---|---|
| Authorization | Active under federal law |
| Federal death row location | USP Terre Haute, Indiana |
| Executions under Trump (2020-2021) | 13 executions |
| Biden administration (2021-2025) | Moratorium on federal executions |
| Federal inmates on death row | Approximately 40 |
The Trump administration carried out 13 federal executions between July 2020 and January 2021, ending a 17-year hiatus in federal executions. President Biden imposed a moratorium on federal executions upon taking office. The future of the federal death penalty depends on the sitting administration's policies and any potential legislative action by Congress.
U.S. military death penalty
The Uniform Code of Military Justice (UCMJ) also authorizes the death penalty for certain offenses, including murder, espionage, and desertion during wartime. The military has not carried out an execution since 1961. As of 2025, a small number of service members remain on military death row at the United States Disciplinary Barracks in Fort Leavenworth, Kansas.
Death row populations by state
The total number of inmates on death row across the United States has been declining steadily. As of 2025, approximately 2,300 people sit on death rows nationwide. California, Florida, and Texas house the largest death row populations, though California's governor moratorium means none of those inmates face imminent execution.
| State | Approximate death row population (2025) |
|---|---|
| California | 600+ |
| Florida | 300+ |
| Texas | 180+ |
| Alabama | 160+ |
| North Carolina | 130+ |
| Ohio | 120+ |
| Arizona | 110+ |
| Pennsylvania | 100+ |
| Louisiana | 60+ |
| Nevada | 55+ |
Death row populations do not always correlate with execution activity. California has the largest death row in the country but has not executed anyone since 2006. Texas, by contrast, has a smaller death row because it carries out sentences more regularly, cycling inmates through the appeals process at a faster rate.
The death penalty sentencing process
Capital cases follow a bifurcated trial structure, meaning the trial is divided into two separate phases. This process was established by the Supreme Court to ensure that defendants receive a fair and individualized sentencing determination.
Phase 1: The guilt phase
The jury first determines whether the defendant is guilty of the capital offense. The prosecution must prove guilt beyond a reasonable doubt, just as in any criminal trial. If the defendant is found not guilty, the case ends. If found guilty, the trial proceeds to the penalty phase.
Phase 2: The penalty phase
During the penalty phase, both sides present additional evidence. The prosecution presents aggravating factors to argue for the death penalty, while the defense presents mitigating factors. These mitigating factors may include the defendant's background, mental health history, childhood abuse, lack of prior criminal record, or potential for rehabilitation.
In most states, the jury must unanimously agree to impose the death sentence. If even one juror votes against death, the defendant typically receives life in prison without parole instead. Florida changed its law in 2023 to allow a death recommendation with a vote of 8 to 4 rather than requiring unanimity, making it an outlier among death penalty states.
Florida's 2023 law allowing a non-unanimous jury recommendation for the death penalty has drawn legal challenges. Critics argue it increases the risk of wrongful death sentences and disproportionately affects minority defendants. Other states continue to require a unanimous jury vote.
Appeals process in capital cases
Death penalty cases involve the most extensive appeals process in the American legal system. On average, inmates spend 15 to 25 years on death row before execution, with some cases lasting even longer. This extended timeline reflects the multiple layers of judicial review designed to prevent irreversible errors.
| Stage of appeal | Description |
|---|---|
| Direct appeal | Automatic review by the state supreme court |
| State post-conviction review | Challenges based on new evidence or ineffective counsel |
| Federal habeas corpus | Review by federal district court for constitutional violations |
| Federal appellate review | Review by a U.S. Circuit Court of Appeals |
| U.S. Supreme Court | Final level of appeal (certiorari petition) |
| Clemency | Governor or parole board can commute the sentence |
Every death sentence is automatically appealed to the state's highest court. This direct appeal reviews the trial record for legal errors. If the conviction and sentence are upheld, the defendant can file for state post-conviction relief, often raising claims of ineffective assistance of counsel or newly discovered evidence.
After exhausting state remedies, inmates can petition federal courts through habeas corpus, arguing that their conviction or sentence violated the U.S. Constitution. The entire process can take decades, and it is not uncommon for cases to cycle through multiple rounds of review.
Wrongful convictions and exonerations
Since 1973, more than 190 people have been exonerated from death row in the United States after evidence proved their innocence. These exonerations have been a driving force behind the abolition movement, as they demonstrate the risk that an innocent person could be executed.
Common factors in wrongful capital convictions include:
- False confessions, often obtained through coercive interrogation
- Eyewitness misidentification
- Unreliable or fraudulent forensic evidence
- Prosecutorial misconduct, including withholding exculpatory evidence
- Inadequate defense representation
- Jailhouse informant testimony
DNA testing has played a critical role in many exonerations. Organizations like the Innocence Project have successfully used post-conviction DNA analysis to free wrongfully convicted individuals, including those on death row. These cases have led several states to enact reforms, such as requiring the recording of interrogations and improving forensic science standards.
Costs of the death penalty vs. life imprisonment
Capital punishment is significantly more expensive than sentencing a defendant to life in prison without parole. Studies across multiple states consistently show that death penalty cases cost two to three times more than non-capital murder cases. These higher costs stem largely from the extended trial process, mandatory appeals, and specialized housing on death row.
| Cost category | Death penalty case | Life imprisonment case |
|---|---|---|
| Trial costs | $1 million - $3 million | $250,000 - $750,000 |
| Appeals costs (total) | $500,000 - $1.5 million | $100,000 - $300,000 |
| Incarceration (annual) | $50,000 - $90,000 | $25,000 - $50,000 |
| Total estimated cost per case | $2 million - $5 million+ | $1 million - $2 million |
The higher costs associated with capital cases stem from multiple factors. Death penalty trials require two separate phases (guilt and penalty), extensive jury selection, additional expert witnesses, and two defense attorneys in most states. Death row inmates are typically housed in single cells with higher security, further increasing incarceration costs.
Several states have cited cost as a factor in abolishing the death penalty. When Nebraska's legislature voted to repeal capital punishment in 2015 (later reinstated by voter referendum in 2016), fiscal concerns were a significant part of the debate.
Recent trends and legislative changes
The number of death sentences and executions in the United States has been declining for over two decades. In 2024, fewer than 30 new death sentences were imposed nationwide, compared to a peak of over 300 per year in the mid-1990s. Executions have similarly decreased from a high of 98 in 1999 to roughly 20 to 25 per year in recent years.
| Trend | Details |
|---|---|
| Peak year for executions | 1999 (98 executions) |
| Peak year for death sentences | 1996 (315 death sentences) |
| Recent annual executions | 20 - 25 per year |
| Recent annual death sentences | 20 - 30 per year |
| States that abolished since 2007 | 11 states |
Key recent developments
- Alabama's nitrogen hypoxia execution (2024): The first use of this new method has prompted other states to consider adopting it as an alternative to lethal injection.
- Florida's non-unanimous jury law (2023): Florida lowered the threshold for a death penalty recommendation from a unanimous jury to an 8-4 vote.
- Lethal injection drug shortages: Pharmaceutical companies continue to restrict sales of drugs used in executions, pushing states to explore alternative methods or use compounding pharmacies.
- Virginia's abolition (2021): The former capital of the Confederacy became the first Southern state to abolish the death penalty, a landmark moment in U.S. criminal justice history.
Like other areas of law that vary significantly across jurisdictions — such as state marijuana laws — death penalty statutes reflect the diverse political and cultural landscapes of individual states. These ongoing changes suggest that the legal landscape surrounding capital punishment will continue to evolve in the years ahead.
Legal representation in capital cases
Defendants facing the death penalty are constitutionally entitled to legal representation, and the quality of that defense can be the difference between life and death. Most capital defendants are represented by public defenders or court-appointed attorneys, though the standard of representation varies widely. Understanding criminal defense attorney costs provides context for the financial challenges of mounting a capital defense, which typically requires two attorneys working over several years.
Those interested in pursuing a career in this area of law can explore the path of how to become a criminal lawyer, which covers the education, licensing, and specialization needed to handle serious criminal cases. Additionally, civil rights attorneys often play a critical role in death penalty cases by challenging the constitutionality of sentencing practices and advocating for defendants' rights throughout the appeals process.
The costs of litigation in capital cases far exceed those of typical criminal proceedings, with the bifurcated trial structure, extensive expert testimony, and years of appeals contributing to total expenses that can reach millions of dollars per case.