The death penalty, also known as capital punishment, remains a contentious issue in the United States, with its application varying significantly across different states.
But which states have the death penalty?
Some states actively enforce it, others have abolished it, and several maintain moratoriums or temporary holds.
This article provides an overview of the current status of the death penalty across the U.S., including which states permit it, which have abolished it, those with moratoriums, and the methods of execution employed.
The death penalty, also known as capital punishment, is a legal process where a person is sentenced to death as punishment for a serious crime.
In most cases, it is used for offences such as murder and terrorism.
The decision to impose the death penalty is made by a court following a legal trial.
Different states have their own laws regarding capital punishment.
Some places actively use it, while others have abolished it due to ethical concerns.
Supporters argue that the death penalty acts as a deterrent to crime and ensures justice for victims.
Critics, however, highlight the risk of wrongful executions, high legal costs, and concerns over fairness.
The debate over its use continues worldwide, with many governments reviewing their policies on capital punishment.
The United States exhibits a complex landscape regarding the death penalty, with its application varying significantly across different states.
Twenty seven states currently authorise capital punishment, each with its own legal framework and methods of execution.
Below is an overview of these states:
Alabama permits capital punishment and has carried out executions in recent years.
The state primarily uses lethal injection but also authorizes electrocution as an alternative method.
Arizona allows the death penalty, with executions typically conducted by lethal injection.
The state has faced challenges related to the procurement of execution drugs, leading to delays.
Arkansas enforces capital punishment and has conducted executions using lethal injection.
The state gained attention in 2017 for scheduling multiple executions over a short period due to the impending expiration of its lethal injection drugs.
California technically retains the death penalty, but it has had a moratorium on executions since 2019.
Governor Gavin Newsom issued an executive order halting executions, citing concerns about wrongful convictions, racial bias, and the high costs of maintaining death row.
Despite the moratorium, California has the largest death row population in the United States.
Florida maintains the death penalty and has a significant death row population.
In 2023, Governor Ron DeSantis signed a law lowering the threshold for a jury’s recommendation of the death penalty from a unanimous vote to a majority of eight, reflecting the state’s firm stance on capital punishment.
Georgia upholds capital punishment, with lethal injection as the primary method.
The state has a history of notable death penalty cases, including the landmark Supreme Court case Furman v. Georgia (1972), which led to a temporary suspension of the death penalty nationwide.
Idaho permits the death penalty, utilizing lethal injection.
The state has a relatively small death row population and infrequent executions.
Indiana allows capital punishment, with lethal injection as the standard method.
The state has not conducted an execution since 2009, reflecting a de facto moratorium despite its legal status.
Kansas reinstated the death penalty in 1994 but has not carried out any executions since then.
The state has a small number of individuals on death row.
Kentucky maintains the death penalty, with lethal injection as the primary method.
However, the state has faced legal challenges that have effectively halted executions in recent years.
Louisiana authorizes capital punishment.
Notably, in March 2025, the state conducted its first execution in 15 years using nitrogen gas, marking a significant development in its application of the death penalty.
Mississippi enforces the death penalty, with authorized methods including lethal injection, electrocution, and firing squad.
The state has faced legal challenges and difficulties in obtaining execution drugs, leading to infrequent executions.
Missouri actively utilizes capital punishment, primarily through lethal injection.
The state has a history of conducting executions at a relatively steady pace compared to other states.
Montana permits the death penalty but has not carried out an execution since 2006.
Legal challenges have created a de facto moratorium on executions in the state.
Nebraska reinstated capital punishment via a voter referendum in 2016 after its legislative repeal in 2015.
The state conducted an execution in 2018 using fentanyl as part of a four-drug protocol.
Nevada allows the death penalty, with lethal injection as the primary method.
The state has faced challenges in carrying out executions due to difficulties in obtaining necessary drugs.
North Carolina maintains capital punishment but has not conducted an execution since 2006, largely due to legal challenges and issues related to the execution protocol.
Ohio permits the death penalty but has repeatedly postponed executions under Governor Mike DeWine.
Oklahoma actively enforces capital punishment and has a history of utilizing various execution methods, including lethal injection.
The state resumed executions in recent years after a temporary suspension due to botched executions.
Oregon has the death penalty statute in place but has maintained a moratorium on executions since 2011, declared by Governor John Kitzhaber and upheld by subsequent governors.
Pennsylvania retains capital punishment; however, Governor Tom Wolf declared a moratorium in 2015, pending a review of the state’s death penalty system.
South Carolina allows the death penalty and, in 2024, carried out its first execution in 13 years.
The state has authorized alternative execution methods, including the firing squad, due to challenges in obtaining lethal injection drugs.
South Dakota enforces capital punishment, with lethal injection as the primary method.
The state has carried out a small number of executions in recent decades.
Tennessee maintains the death penalty and has scheduled multiple executions in 2025 following an independent review that found previous drug protocols untested.
Texas is known for its frequent use of the death penalty, leading the nation in the number of executions.
Utah permits capital punishment and is one of the few states that authorize the use of a firing squad, an option chosen by some inmates in recent executions.
Wyoming allows the death penalty but has not carried out an execution since 1992.
The state has a very small death row population.
23 U.S. states and the District of Columbia have abolished the death penalty.
Each state’s journey toward abolition reflects unique historical, legal, and cultural influences. Here’s an overview of these states:
Abolished the death penalty in 1957, shortly before achieving statehood.
The decision was influenced by concerns over judicial errors and moral considerations.
Death Penalty Information Center
In 2020, Colorado repealed its death penalty statute, citing issues of racial bias and high costs associated with capital cases.
The three inmates on death row at the time had their sentences commuted to life imprisonment.
Abolished capital punishment for future crimes in 2012.
However, in 2015, the state’s Supreme Court ruled that applying the death penalty to those already on death row was unconstitutional, effectively eliminating it entirely.
In 2016, the state’s Supreme Court declared Delaware’s death penalty statute unconstitutional due to concerns about judge-determined death sentences rather than jury decisions.
Never carried out an execution after becoming a U.S. territory and formally abolished the death penalty in 1957, prior to statehood.
Abolished the death penalty in 2011 after a decade-long moratorium initiated by Governor George Ryan in 2000, who cited concerns over wrongful convictions.
Ended capital punishment in 1965, influenced by debates over its deterrent effect and the potential for wrongful executions.
Abolished the death penalty in 1887, making it one of the earliest states to do so, driven by moral and ethical considerations.
Repealed capital punishment in 2013, with Governor Martin O’Malley citing its ineffectiveness as a deterrent and issues of racial bias.
The state’s Supreme Judicial Court ruled the death penalty unconstitutional in 1984, leading to its abolition.
Became the first English-speaking territory in the world to abolish the death penalty for all crimes except treason in 1846, reflecting its long-standing opposition to capital punishment.
Abolished capital punishment in 1911 following public outcry over botched executions and debates about its morality.
Abolished the death penalty in 2007 after a state commission found it was more expensive than life in prison without parole and did not serve the state’s penological interests.
Repealed capital punishment in 2009 for future crimes.
However, the repeal was not retroactive, leaving two individuals on death row at the time.
The state’s death penalty statute was declared unconstitutional in 2004 by the Court of Appeals.
Subsequent legislative efforts to revise the statute failed, leading to de facto abolition.
Abolished the death penalty in 1973, influenced by concerns over wrongful convictions and the moral implications of capital punishment.
Although the death penalty was declared unconstitutional by the state’s Supreme Court in 1979, it wasn’t formally repealed until 1984.
Abolished capital punishment in 1964, with the last execution carried out in 1954.
The decision was influenced by changing public opinion and ethical considerations.
In 2021, Virginia became the first Southern state to abolish the death penalty, marking a significant shift given its historical use of capital punishment.
The state’s Supreme Court struck down the death penalty in 2018, citing its arbitrary and racially biased application.
Abolished the death penalty in 1965, influenced by concerns over wrongful convictions and the effectiveness of capital punishment as a deterrent.
Abolished capital punishment in 1853 after a particularly gruesome execution led to public outcry, making it one of the earliest states to do so.
As of April 2025, several U.S. states have placed a hold on executions, either through formal moratoriums declared by governors or due to practical challenges in carrying out capital punishment.
These states include California, Oregon, Pennsylvania, and Ohio.
In 2019, Governor Gavin Newsom imposed a moratorium on executions, citing concerns about wrongful convictions and racial disparities.
Despite this, California maintains the largest death row population in the nation, with over 600 inmates.
Governor John Kitzhaber announced a moratorium on executions in 2011, expressing reservations about the justice system’s fairness.
This moratorium has been upheld by subsequent governors, effectively halting executions in the state.
In 2015, Governor Tom Wolf declared a moratorium on the death penalty, pending a comprehensive review of the state’s capital punishment system.
This hold remains in effect, with no executions carried out since its announcement.
While not under a formal moratorium, Ohio has experienced an unofficial halt to executions.
Governor Mike DeWine has repeatedly postponed executions since 2020, citing difficulties in obtaining lethal injection drugs and concerns over the method’s legality.
In early 2025, DeWine rescheduled multiple executions, indicating that executions are unlikely to proceed during his tenure, which extends until 2026.
In the United States, the death penalty is implemented through various methods, with specific laws governing their application varying by state.
The primary and alternative methods include:
Lethal injection is the predominant method of execution across states that enforce the death penalty.
It typically involves administering a series of drugs intended to induce unconsciousness, paralysis, and cardiac arrest.
However, challenges such as difficulties in procuring the necessary drugs have led some states to consider or revert to alternative methods.
Electrocution, commonly known as the electric chair, remains an authorized method in certain states.
For instance, South Carolina designates electrocution as its primary execution method.
Other states offer it as an alternative if lethal injection is unavailable or if the inmate opts for it.
Some states permit execution by lethal gas. Arizona, for example, allows inmates to choose between lethal injection and the gas chamber.
Similarly, Missouri authorizes lethal gas as an alternative method.
Execution by firing squad is authorized in a few states.
South Carolina has recently conducted executions using this method, with inmates opting for it over other available methods.
Utah also permits firing squads, particularly if other methods are unavailable.
Hanging is the oldest method of execution but is now rarely used.
It remains legal in New Hampshire, though only as a backup if lethal injection cannot be administered.
A more recent addition, nitrogen hypoxia, involves inducing death by forcing the inmate to breathe pure nitrogen, leading to oxygen deprivation.
Alabama was the first place in the world to use nitrogen as a method of execution in 2024.
Mississippi, and Oklahoma have also authorized this method.
You should now have an understanding of which states have the death penalty.
The death penalty remains a complex and controversial issue in the United States.
Some states actively enforce capital punishment, while others have abolished it or placed moratoriums on its use.
The methods of execution also vary, with lethal injection being the most common, but alternatives such as electrocution, firing squads, and gas chambers still in use in certain states.
Debates about the death penalty continue, focusing on issues such as wrongful convictions, fairness in sentencing, and the effectiveness of capital punishment as a deterrent.
Some states are moving away from executions, while others uphold them as a form of justice for severe crimes.
As discussions evolve and legal challenges persist, the future of the death penalty remains uncertain.
The differing approaches taken by states highlight the ongoing divide on this issue, reflecting broader ethical, legal, and societal concerns.