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In the United States, capital punishment is a legal penalty in 27 states, throughout the country at the federal level, and in American Samoa. It is also a legal penalty for some military offenses. Capital punishment has been abolished in the other 23 states and in the federal capital, Washington, D.C. It is usually applied for only the most serious crimes, such as aggravated murder. Although it is a legal penalty in 27 states, 20 of them have authority to execute death sentences, with the other 7, as well as the federal government and military, subject to moratoriums.
Capital punishment is a legal penalty in the U.S. state of Indiana. The last person executed in the state, excluding federal executions in Terre Haute, was mass murderer Joseph Edward Corcoran in 2024.
Capital punishment is not allowed to be carried out in the U.S. state of California, due to both a standing 2006 federal court order against the practice and a 2019 moratorium on executions ordered by Governor Gavin Newsom. The litigation resulting in the court order has been on hold since the promulgation of the moratorium. Should the moratorium end and the freeze conclude, executions could resume under the current state law.
The U.S. state of Washington enforced capital punishment until the state's capital punishment statute was declared null and void and abolished in practice by a state Supreme Court ruling on October 11, 2018. The court ruled that it was unconstitutional as applied due to racial bias; however, it did not render the wider institution of capital punishment unconstitutional and rather required the statute to be amended to eliminate racial biases. From 1904 to 2010, 78 people were executed by the state; the last was Cal Coburn Brown on September 10, 2010. In April 2023, Governor Jay Inslee signed SB5087 which formally abolished capital punishment in Washington State and removed provisions for capital punishment from state law.
Capital punishment was abolished via the legislative process on May 2, 2013, in the U.S. state of Maryland.
Capital punishment is a legal penalty in the U.S. state of Nebraska. In 2015, the state legislature voted to repeal the death penalty, overriding governor Pete Ricketts' veto. However, a petition drive secured enough signatures to suspend the repeal until a public vote. In the November 2016 general election, voters rejected the repeal measure, preserving capital punishment in the state. Nebraska currently has 11 inmates on death row.
Capital punishment was abolished in 2019 in New Hampshire for persons convicted of capital murder. It remains a legal penalty for crimes committed prior to May 30, 2019.
The murder of Michael Briggs occurred on October 16, 2006, in Manchester, New Hampshire, United States. Briggs, a police officer, was shot while on duty and was transported to the hospital, where he died of his injuries. The suspect, Michael "Stix" Addison, fled New Hampshire, prompting a manhunt by police. Fifteen hours after the shooting, Addison was arrested in Dorchester, Massachusetts. He was charged by Boston Police with being a fugitive from justice. He waived domestic extradition and was transported back to New Hampshire.
In the United States, life imprisonment is the most severe punishment provided by law in states with no valid capital punishment statute, and second-most in those with a valid statute. According to a 2013 study, one of every 2,000 prison inhabitants of the U.S. were imprisoned for life as of 2012.
Capital punishment was abolished in Colorado in 2020. It was legal from 1974 until 2020 prior to it being abolished in all future cases.
Capital punishment was abolished in the U.S. state of New Mexico in 2009.
Marsy's Law, the California Victims' Bill of Rights Act of 2008, enacted by voters as Proposition 9 through the initiative process in the November 2008 general election, is an amendment to the state's constitution and certain penal code sections. The act protects and expands the legal rights of victims of crime to include 17 rights in the judicial process, including the right to legal standing, protection from the defendant, notification of all court proceedings, and restitution, as well as granting parole boards far greater powers to deny inmates parole. Critics allege that the law unconstitutionally restricts defendant's rights by allowing prosecutors to withhold exculpatory evidence under certain circumstances, and harms victims by restricting their rights to discovery, depositions, and interviews.
In the United States, the law for murder varies by jurisdiction. In many US jurisdictions there is a hierarchy of acts, known collectively as homicide, of which first-degree murder and felony murder are the most serious, followed by second-degree murder and, in a few states, third-degree murder, which in other states is divided into voluntary manslaughter, and involuntary manslaughter such as reckless homicide and negligent homicide, which are the least serious, and ending finally in justifiable homicide, which is not a crime. However, because there are at least 52 relevant jurisdictions, each with its own criminal code, this is a considerable simplification.
Proposition 34 was a California ballot measure that was decided by California voters at the statewide election on November 6, 2012. It sought to repeal Proposition 17, originally passed by voters in 1972, thus abolishing the death penalty in California.
Capital punishment is a legal punishment in American Samoa, an unincorporated territory of the United States. The only crime punishable by death is first degree murder. American Samoa last executed a prisoner by hanging on 24 November 1939. The territory is de facto abolitionist.
Capital punishment is a legal penalty in the U.S. state of Arizona. 95 executions have been carried out since Arizona became a state in 1914 and there are currently 111 people on death row. In November 2024, Attorney General Kris Mayes announced that the state would resume executions in 2025 after a 2-year pause.
Capital punishment in Delaware was formally abolished in 2024, however it has not been enforced after Delaware’s capital punishment statues were declared unconstitutional by the Delaware Supreme Court on August 2, 2016. The ruling retroactively applies to earlier death sentences, and remaining Delaware death row inmates had their sentences commuted to life imprisonment. The capital statute for first-degree murder under Title 11, Chapter 42, Section 09, of the Delaware Code was fully repealed on September 26, 2024.
Proposition 62 was a California ballot proposition on the November 8, 2016, ballot that would have repealed the death penalty and replaced it with life imprisonment and forced labor without possibility of parole. It would have applied retroactively to existing death sentences and increased the portion of life inmates' wages that may be applied to victim restitution.
The law on the crime of murder in the U.S. state of California is defined by sections 187 through 191 of the California Penal Code.
Richard Gerald Jordan is an American man on death row in Mississippi for the 1976 murder of 34-year-old Edwina Marter, the wife of a bank executive. As of 2022, Jordan is the state's oldest and longest-serving death row inmate. Though he admitted to the crime and his guilt has never been seriously called into question, Jordan has filed multiple successful legal challenges to his sentence, and because of this, he has been sentenced to death four times.
References
- ↑ Carol J. Williams (December 29, 2011). "Annual total of death sentences in California falls to 10". Los Angeles Times. Retrieved July 9, 2022.
- ↑ Adam Nagourney (April 6, 2012). "Seeking an End to an Execution Law They Once Championed". The New York Times. Retrieved July 9, 2022.
