Case Explained: Death Penalty | Pros, Cons, Debate, Arguments, Capital Punishment, Prison, Felony, & Life in Prison – Legal Perspective

Alabama legal 1976 Alabama reinstated capital punishment in 1976. Alabama is the only U.S. state that allows a death sentence to be imposed on the basis of a non-unanimous jury recommendation. [42]
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[67] Alaska illegal 1957 The last execution in Alaska was in 1950 in Juneau. [42]
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[51] Arizona legal 1973 The death penalty was abolished in 1916, reinstated in 1918, and reinstated post-Furman in 1973. Arizona Governor Katie Hobbs ordered an unofficial moratorium while a review of death penalty protocol was completed. In November 2024, Hobbs dismissed David Duncan (who was appointed to complete the review), ending the moratorium. Executions were schedule to resume in March 2025. [42]
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[140] Arkansas legal 1973 As his last act as governor, Winthrop Rockefeller granted clemency to all death-row inmates in 1970. Capital punishment was reinstated by legislature and Governor Bumpers in 1973. On June 22, 2012, the Arkansas Supreme Court ruled the death penalty law invalid until the state specifies the type and quantity of drug to be used for lethal injections. By 2017, the death penalty had been reinstated. [40]
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[6] California legal 1977 The California Supreme Court case People v. Anderson temporarily ended capital punishment in 1972, but it was reinstated via voter approval of Proposition 17 in 1972. The Supreme Court of California again found the death penalty statute unconstitutional in 1976, but it was revised and reinstated in 1977. On March 13, 2019, Governor Gavin Newsom issued a moratorium on the death penalty, which is effective for the duration of his term(s). The moratorium gave temporary reprieves to all 737 death row inmates, closed the execution chamber at San Quentin prison, and stopped the state’s efforts to create a constitutional lethal injection method. [42]
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[65] Colorado illegal 2020 Capital punishment was abolished in 1897 and reinstated in 1901 by the legislature. Colorado was the last state to perform an execution (1967) before Furman. Capital punishment was reinstated post-Furman in 1975. Governor John Hickenlooper granted reprieve to one death row inmate, Nathan Dunlop, in 2013 via executive order, and, in December 2018 as he was leaving office, he pardoned 135 people and granted clemency to six. On March 23, 2020, Governor Jared Polis signed a bill that abolished the death penalty as of July 1, 2020, and commuted the sentences of the three men on death row at the time to life without parole. [42]
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[77] Connecticut illegal 2012 Connecticut’s capital punishment was reinstated post-Furman in 1976 and was abolished by the legislature and Governor Malloy on April 25, 2012. The 2012 repeal was not retroactive, and death row inmates could still be executed. On August 12, 2015, Connecticut’s Supreme Court ruled the death penalty unconstitutional and banned any further executions. [38]
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[56] D.C. illegal 1981 The death penalty was repealed by the D.C. Council in 1981. [42]
[51] Delaware illegal 2016 Capital punishment was abolished in 1958 and subsequently reinstated in 1961. It was reinstated post-Furman in 1974. On August 2, 2016, the Delaware Supreme Court ruled in the case Rauf v. State of Delaware that the state’s death penalty statute violated the Sixth Amendment of the United States Constitution by giving judges too much leeway in sentencing. On December 15, 2016, the Delaware Supreme Court ruled that its previous decision in August should apply retroactively to the 12 men who were then on Delaware’s death row. [42]
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[60] Florida legal 1973 Capital punishment was reinstated post-Furman in 1972. On January12, 2015, the U.S. Supreme Court ruled that Florida’s method of sentencing people to death, which allowed judges, rather than juries, to impose a death sentence, violated the 6th Amendment. Florida Attorney General Pam Bondi said that because of the ruling, “the state will need to make changes to its death-sentencing statutes,” and that “existing death sentences will need to be evaluated on a case-by-case basis.” On March 13, 2017, Governor Rick Scott signed a bill requiring a unanimous death penalty recommendation from a jury for a judge to impose the sentence. [42]
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[67] Georgia legal 1973 The death penalty was reinstated post-Furman in 1973. Georgia’s capital punishment system received international attention with the 2011 execution of Troy Davis; Davis’s supporters cited a lack of physical and DNA evidence. [42]
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[51] Hawaii illegal 1957 Hawaii abolished the death penalty before becoming a U.S. state in 1957. [42]
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[51] Idaho legal 1973 Capital punishment was reinstated post-Furman in 1973. On April 30, 2025, an Idaho judge blocked the state’s use of the death penalty until the prison system improves access to the “medical team room” for media witnesses. [42]
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[151] Illinois illegal 2011 Illinois reinstated capital punishment post-Furman in 1974. Governor Ryan instituted a moratorium on executions on January 31, 2000, and Governor Quinn signed legislation to abolish the death penalty on March 9, 2011. [42]
[51] Indiana legal 1973 The death penalty was reinstated post-Furman in 1973. [42]
[51] Iowa illegal 1965 Governor Carpenter abolished the death penalty in 1872. The legislature and Governor Gear reinstated capital punishment in 1878. Governor Hughes signed a death penalty abolition bill in 1965. [42]
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[51] Kansas legal 1994 Kansas banned many applications of the death penalty in 1872 and all applications in 1907. It was reinstated in 1935 and again post-Furman in 1994. [42]
[51] Kentucky legal 1975 Capital punishment was reinstated in 1975 post-Furman. [42]
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[68] Louisiana legal 1973 The death penalty was reinstated in 1973 post-Furman. Because of a lawsuit about the state’s lethal injection protocol in 2014, a temporary stay was placed on the death penalty. The state requested and was granted a 12-month extension of the stay on July 16, 2018. Louisiana resumed executions in March 2025. [42]
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[136] Maine illegal 1887 The legislature abolished the death penalty in 1876, reinstated it in 1883, and abolished it again in 1887. [42]
[51] Maryland illegal 2013 The death penalty was reinstated post-Furman in 1978. In May 2001, Governor Glendening established a moratorium on executions that was lifted by his successor, Governor Ehrlich. Governor O’Malley signed legislation to abolish the death penalty on May 2, 2013. [42]
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[53] Massachusetts illegal 1984 Capital punishment was reinstated by voter amendment in 1982 post-Furman. The law establishing capital punishment was ruled unconstitutional in 1984 with state court case Commonwealth v. Colon-Cruz. [42]
[51] Michigan illegal 1846 Michigan banned the death penalty in 1846 for all crimes but treason; a voter referendum in 1963 banned the death penalty for all crimes, including treason. [42]
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[51] Minnesota illegal 1911 Capital punishment was abolished in 1911. Over 20 bills to reintroduce the death penalty have been proposed since 1911, all of which have been unsuccessful. [42]
[51] Mississippi legal 1974 Capital punishment was reinstated in 1974 post-Furman. [42]
[51] Missouri legal 1975 Capital punishment was abolished in 1911, reinstated in 1917, and reinstated in 1975 post-Furman. [42]
[51] Montana legal 1974 Capital punishment was reinstated in 1974 post-Furman. [42]
[51] Nebraska legal 2016 The Nebraska Legislature abolished the death penalty on May 27, 2015, with a 30–19 vote, overriding the veto of Governor Pete Ricketts. The voters of Nebraska reinstated the death penalty on November 8, 2016. [54]
[59] Nevada legal 1973 The death penalty was reinstated in 1973 post-Furman. [42]
[51] New Hampshire illegal 2019 Capital punishment was reinstated in 1991 post-Furman. New Hampshire allows the death penalty only for murder under specific circumstances. Governor Chris Sununu (R) vetoed a death penalty repeal bill on May 3, 2019. Lawmakers voted on May 30, 2019 to override the veto, abolishing the death penalty, effective immediately. [42]
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[76] New Jersey illegal 2007 The death penalty was reinstated in 1982 post-Furman and then abolished by Governor Corzine in 2007. [42]
[51] New Mexico illegal 2009 Capital punishment was reinstated in 1976 post-Furman. Governor Richardson signed abolition of the death penalty into law in 2009. The state still has a law allowing for execution for espionage, but the U.S. Department of Justice considers New Mexico to have no capital punishment. [42]
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[51] New York illegal 2007 Capital punishment was reinstated by Governor Pataki in 1995 post-Furman, and New York’s death penalty statute was ruled unconstitutional in 2004 in the state court’s People v. Lavalle decision. The 2007 decision People v. Taylor also found part of the sentencing statute unconstitutional and declared that no defendants may be sentenced to death until the statute is corrected. Taylor’s sentence was converted to life in prison, and New York no longer had anyone on death row. Governor Paterson issued an executive order in 2008 to remove all capital punishment equipment from Green Haven Correctional Facility in 2008. The death penalty has not been abolished by law and may be used if the unconstitutional sentencing statute is revised by legislature. The Death Penalty Information Center, The Washington Post, and FindLaw have declared 2007 as the year New York’s death penalty was abolished. Other sources, including Assisting Lawyers for Justice (ALJ) on Death Row, list the date as 2004. [42]
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[51] North Carolina legal 1977 The death penalty was reinstated in 1977 post-Furman. [42]
[51] North Dakota illegal 1973 Capital punishment was abolished in 1915 for all crimes excluding treason and murder committed by already jailed inmates. In 1973 the legislature voted to make no crimes eligible for the death penalty. [42]
[51] Ohio legal 1973 Capital punishment was reinstated in 1974 post-Furman As of 2019, Ohio has an unofficial moratorium instituted by Governor Mike DeWine due to trouble obtaining lethal injection drugs. [42]
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[137] Oklahoma legal 1984 The death penalty was reinstated in 1973 post-Furman. Due to botched executions in April 2014 and January 2015, an indefinite moratorium was placed on the death penalty in October 2015. Executions resumed in Oklahoma in 2021.[42]
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[141] Oregon legal 1984 Capital punishment was abolished in 1914 by a public vote and reinstated in 1920 at the urging of Governor West. In 1964 Oregon voted to abolish the death penalty and in 1978 voted to reinstate capital punishment. A 1981 state Supreme Court case ruled the 1978 measure unconstitutional, and in 1984 voters approved a measure that overturned the 1978 decision, making the death penalty legal again. In 2011 Governor Kitzhaber placed a moratorium on executions. Kitzhaber’s term ended on December 18, 2015. Governor Kate Brown continued the moratorium, commuting the sentences of all death row inmates to life imprisonment and instructing that the death chamber be dismantled. During the gubernatorial election she won, Tina Kotek indicated that she was opposed to the death penalty. [41]
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[79] Pennsylvania legal 1978 In the 1972 state Supreme Court case Commonwealth v. Bradley, Pennsylvania’s application of capital punishment was ruled unconstitutional. The legislature reinstated the death penalty in 1974 only to have the State Supreme court rule its reinstatement unconstitutional, in 1977. In 1978 the legislature passed an edited death penalty bill to correct the constitutional concerns raised by the state Supreme Court and the U.S. Supreme Court. On February 13, 2015, Pennsylvania Governor Tom Wolf declared a death penalty moratorium in the state. The moratorium was continued by Governor Josh Shapiro in 2023. [42]
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[80] Rhode Island illegal 1984 Capital punishment was abolished in 1852 and reinstated by the legislature in 1873. After Furman the state rewrote its death penalty law to mandate capital punishment for certain crimes. That mandate was ruled unconstitutional in 1979. In 1984 the legislature abolished capital punishment entirely. [42]
[51] South Carolina legal 1974 Capital punishment was reinstated post-Furman in 1974. [42]
[51] South Dakota legal 1979 The death penalty was abolished in 1915, reinstated in 1918, and reinstated post-Furman in 1979. [42]
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[51] Tennessee legal 1974 Tennessee abolished capital punishment in 1915, reinstated it in 1939, and reinstated it post-Furman in 1974.  Tennessee had an unofficial moratorium to review lethal injection protocols from 2022-2024. In March 2025, the Tennessee Supreme Court scheduled executions to resume in May 2025.[42]
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[139] Texas legal 1974 Capital punishment was reinstated post-Furman in 1974.n[42]
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[51] Utah legal 1973 The death penalty was reinstated post-Furman in 1973. [42]
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[51] Vermont illegal 1987 The legislature effectively abolished capital punishment in 1965 unless a warden, prison employee, or law enforcement officer was murdered. But Vermont’s jurors never used the death sentence option when available, so legislators removed that exception in 1987. Vermont law still allows for execution for treason but the U.S. Department of Justice considers Vermont to have no capital punishment. [42]
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[51] Virginia illegal 2021 The first recorded execution in an English American colony occurred in Virginia in 1608. Capital punishment was reinstated post-Furman in 1975. Virginia became the first Southern state to abolish the death penalty, on March 24, 2021. [42]
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[78] Washington illegal 2018 Capital punishment was abolished in 1913, reinstated in 1919, and reinstated post-Furman in 1975. On February 11, 2014, Governor Jay Inslee placed a moratorium on executions. On October 11, 2018, the Washington state Supreme Court struck down Washington’s death penalty, finding that its use was arbitrary and racially discriminatory. On April 20, 2023, Governor Inslee signed Senate Bill 5087, which removed the laws the state Supreme Court had found unconstitutional, officially abolishing the death penalty in Washington. [42]
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[81] West Virginia illegal 1965 West Virginia was the last state to abolish the death penalty pre-Furman. [42]
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[51] Wisconsin illegal 1853 The death penalty was abolished in 1853. [42]
[51] Wyoming legal 1977 Capital punishment was reinstated post-Furman in 1977. [42]
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