The death penalty remains a contentious issue in the United States. A survey found that 53% of Americans favor the death penalty, the lowest number since March 1972.
For the first time, more Americans (50%) believe the death penalty is administered unfairly than fairly (47%).1
As the nation grapples with this complex issue, it is crucial to examine the current stances of each state that still employs capital punishment. Here are the 27 U.S. states that still have the death penalty.
1. Alabama
Alabama has the highest per capita death sentencing rate in the United States. As of 2024, the state has 167 individuals on death row, including 5 women. (ref)
Alabama is the only state that allows a death sentence to be imposed based on a non-unanimous jury recommendation, which has led to concerns about the fairness and reliability of the state’s capital punishment system. Despite these issues, Alabama continues to actively pursue the death penalty.
2. Arizona
Arizona has a complex history with the death penalty, having abolished and reinstated it multiple times. As of July 2024, the state has executed 6 inmates since 2013, with an average length of stay on death row of 25.56 years.
In 2014, executions were temporarily suspended following the controversial execution of Joseph Wood, but they have since resumed. As of 2020, Arizona had 119 individuals on death row.
3. Arkansas
The Arkansas criminal code allows for the death penalty or life without parole upon conviction of capital murder or treason. Arkansas has a tumultuous history with the death penalty, with periods of abolition and reinstatement.
In 2017, the state made headlines when it planned to execute eight men over the course of 11 days, a decision that was met with widespread criticism and legal challenges. As of 2020, Arkansas had 31 individuals on death row.
4. California
California has the largest death row population in the country, with over 650 individuals awaiting execution as of January 2024. However, the state has not carried out an execution since 2006 due to legal challenges and a moratorium imposed by Governor Gavin Newsom in 2019.
In his announcement of the moratorium, Governor Newsom cited concerns about racial bias, wrongful convictions, and the high cost of the death penalty.
5. Florida
Florida allows the death penalty for capital felonies, also known as “capital punishment.” The state has one of the largest death row populations in the country, with 347 individuals awaiting execution as of 2020.
Florida’s capital punishment system has been the subject of numerous legal challenges and controversies, particularly regarding its sentencing scheme that allowed judges to impose death sentences based on non-unanimous jury recommendations, which was ruled unconstitutional by the U.S. Supreme Court in 2016.
6. Georgia
Georgia has a significant history with the death penalty, being the subject of the landmark U.S. Supreme Court case Furman v. Georgia in 1972, which temporarily halted executions nationwide. As of 2024, the state has 38 individuals on death row, including 1 woman.
Executions in Georgia are carried out by lethal injection at the Georgia Diagnostic and Classification Prison in Jackson. The state has faced criticism for its use of the death penalty, particularly regarding issues of racial bias and inadequate legal representation for defendants.
7. Idaho
As of 2024, Idaho has 9 individuals on death row, including 1 woman. On June 1, 2024, Chad Daybell was sentenced to death by an Idaho jury for the murders of his wife’s two children and her previous husband.
Executions are relatively rare in Idaho, with only three carried out since the reinstatement of the death penalty in 1976. In 2022, a federal judge ruled that Idaho’s lethal injection protocol was unconstitutional, effectively putting executions on hold as the state works to revise its procedures.
8. Indiana
Indiana has executed 20 individuals since reinstating the death penalty in 1977. As of 2020, the state had 8 individuals on death row.
Indiana’s use of capital punishment has been relatively limited compared to other states, with the most recent execution occurring in 2009.
In 2021, the state legislature considered a bill to abolish capital punishment, citing concerns about wrongful convictions and the high cost of death penalty cases, but the bill did not pass.
9. Kansas
Kansas reinstated the death penalty in 1994 but has yet to carry out an execution since then. As of 2020, the state had 9 individuals on death row.
Kansas’ capital punishment system has been the subject of legal challenges and political debates, with opponents arguing that it is costly, ineffective, and risks executing innocent people. In 2010, the Kansas Senate came close to repealing the death penalty, but the bill ultimately failed.
10. Kentucky
Kentucky has executed 3 individuals since reinstating the death penalty in 1976. As of 2020, the state had 26 individuals on death row. Kentucky’s use of capital punishment has been relatively rare, with the most recent execution occurring in 2008.
In recent years, the state has faced legal challenges to its execution methods, particularly regarding the use of lethal injection drugs. In 2012, the Kentucky Supreme Court halted executions pending a review of the lethal injection protocol, which is ongoing.
11. Louisiana
Louisiana has executed 28 individuals since 1977. As of 2020, the state had 69 individuals on death row. Louisiana’s capital punishment system has been criticized for issues of racial bias, inadequate legal representation, and the use of non-unanimous jury verdicts in death penalty cases.
In 2018, Louisiana passed a law requiring unanimous jury verdicts for all felony cases, including those involving the death penalty, prompted by concerns about the disproportionate impact of non-unanimous verdicts on Black defendants.
12. Mississippi
Mississippi has executed 21 individuals since reinstating the death penalty in 1976. As of 2020, the state had 39 individuals on death row.
Mississippi’s use of capital punishment has been marked by legal challenges and controversies, particularly regarding the state’s lethal injection protocol.
In 2015, the Mississippi Supreme Court halted executions pending a review of the state’s lethal injection procedures, which came in response to several botched executions in other states that raised concerns about the humaneness of lethal injection.
13. Missouri
Missouri has executed 90 individuals since reinstating the death penalty in 1976, making it one of the most active death penalty states in the country. As of 2020, the state had 20 individuals on death row.
Missouri’s use of capital punishment has been the subject of legal challenges and public scrutiny, particularly regarding the state’s secrecy surrounding its lethal injection drugs.
14. Montana
Montana has executed 3 individuals since reinstating the death penalty in 1976. As of 2020, the state had 2 individuals on death row. Montana’s use of capital punishment has been limited, in part, due to the rarity of capital crimes in the state and legal challenges to its execution methods.
In 2015, a Montana judge ruled that the state’s lethal injection protocol was unconstitutional, citing concerns about the lack of safeguards to prevent a painful death, effectively placing a moratorium on executions as the state works to revise its procedures.
15. Nebraska
Nebraska has executed 4 individuals since reinstating the death penalty in 1976. As of 2020, the state had 12 individuals on death row.
Nebraska’s use of capital punishment has been the subject of political and legal battles, with the state legislature voting to abolish the death penalty in 2015, only to have it reinstated by a voter referendum in 2016.
Since the reinstatement, Nebraska has faced challenges in obtaining lethal injection drugs and implementing its execution protocol. In 2018, the state carried out its first execution in over two decades, using a controversial four-drug combination.
16. Nevada
Nevada has executed 12 individuals since reinstating the death penalty in 1976. As of 2020, the state had 65 individuals on death row.
Nevada’s use of capital punishment has been hindered by legal challenges and a shortage of lethal injection drugs, resulting in a de facto moratorium on executions since 2006.
In 2021, Nevada’s legislature considered a bill to abolish the death penalty, citing concerns about the cost, racial disparities, and the risk of executing innocent people, but the bill ultimately failed.
17. North Carolina
North Carolina has executed 43 individuals since reinstating the death penalty in 1977. As of 2020, the state had 143 individuals on death row, the sixth-largest death row population in the country.
North Carolina’s use of capital punishment has been the subject of legal challenges and a de facto moratorium on executions since 2006.
In 2009, the state passed the Racial Justice Act, which allowed death row inmates to challenge their sentences based on evidence of racial bias in their cases, but the law was later repealed in 2013.
18. Ohio
Ohio has executed 56 individuals since reinstating the death penalty in 1976. As of 2020, the state had 140 individuals on death row. In recent years, Ohio has struggled to obtain lethal injection drugs, leading to delays and changes in its execution methods.
In 2019, Governor Mike DeWine halted executions in the state, citing concerns about the constitutionality of Ohio’s lethal injection protocol.
19. Oklahoma
Oklahoma has executed 112 individuals since reinstating the death penalty in 1976, making it one of the most active death penalty states in the country. As of 2020, the state had 47 individuals on death row.
Oklahoma’s use of capital punishment has been the subject of intense scrutiny and legal challenges, particularly following several high-profile botched executions.
In 2015, Oklahoma drew national attention when it used the wrong drug in the execution of Charles Warner, leading to a painful and prolonged death.
Despite these controversies, Oklahoma has resumed executions and continues to be one of the leading practitioners of capital punishment in the United States.
20. Oregon
Oregon has executed 2 individuals since reinstating the death penalty in 1984. As of 2020, the state had 29 individuals on death row.
Oregon’s use of capital punishment has been limited in recent years due to a moratorium imposed by Governor John Kitzhaber in 2011, which has been continued by subsequent governors.
In 2019, the Oregon legislature passed a law that significantly narrowed the crimes eligible for the death penalty. In December 2022, Governor Kate Brown commuted the sentences of all individuals on Oregon’s death row, citing the legislature’s “near abolition” of the death penalty.
21. Pennsylvania
Pennsylvania has executed 3 individuals since reinstating the death penalty in 1976. As of 2020, the state had 137 individuals on death row, the fifth-largest death row population in the country.
However, Pennsylvania has not carried out an execution since 1999 due to a series of gubernatorial moratoria and legal challenges.
In 2015, Governor Tom Wolf imposed a moratorium on executions, citing concerns about the fairness and effectiveness of the state’s capital punishment system.
This moratorium has been continued by Governor Josh Shapiro, who has encouraged the legislature to approve the abolition of the death penalty.
22. South Carolina
South Carolina has executed 43 individuals since reinstating the death penalty in 1976. As of 2020, the state had 37 individuals on death row.
South Carolina’s use of capital punishment has been relatively consistent over the years, although the state has faced legal challenges and a shortage of lethal injection drugs.
In 2021, South Carolina passed a law that made the electric chair the default method of execution, in response to the state’s inability to obtain lethal injection drugs.
This decision has been met with criticism from death penalty opponents, who argue that the electric chair is a cruel and outdated method of execution.
23. South Dakota
South Dakota has executed 5 individuals since reinstating the death penalty in 1979. As of 2020, the state had 3 individuals on death row.
South Dakota’s use of capital punishment has been limited, in part, due to the rarity of capital crimes in the state and legal challenges to its execution methods.
In 2019, South Dakota’s legislature considered a bill to repeal the death penalty, citing concerns about the cost and moral implications of capital punishment, but the bill ultimately failed.
24. Tennessee
Tennessee has executed 13 individuals since reinstating the death penalty in 1976. As of 2020, the state had 50 individuals on death row.
Tennessee’s use of capital punishment has been the subject of legal challenges and public scrutiny, particularly regarding the state’s lethal injection protocol and the use of compounded drugs in executions.
In 2022, Governor Bill Lee halted executions in Tennessee and ordered a review of the state’s execution protocol, citing concerns about the handling of lethal injection drugs.
25. Texas
Texas is the most active death penalty state in the country, having executed 570 individuals since reinstating capital punishment in 1976. As of 2020, the state had 210 individuals on death row, the second-largest death row population in the nation.
Texas’ use of the death penalty has been the subject of national and international scrutiny, with critics arguing that the state’s system is plagued by racial bias, inadequate legal representation, and the risk of executing innocent people.
Despite these concerns, Texas continues to be a staunch supporter of capital punishment, with public opinion polls showing strong support for the practice among the state’s residents.
26. Utah
Utah has executed 7 individuals since reinstating the death penalty in 1976, with 3 of those executions carried out by firing squad. As of 2020, the state had 7 individuals on death row.
Utah’s use of capital punishment has been relatively limited, in part, due to the rarity of capital crimes in the state and legal challenges to its execution methods.
In 2015, Utah passed a law that made the firing squad the default method of execution, in response to the state’s inability to obtain lethal injection drugs.
This decision has been met with criticism from death penalty opponents, who argue that the firing squad is a cruel and outdated method of execution.
27. Wyoming
Wyoming has executed 1 individual since reinstating the death penalty in 1977. As of 2020, the state had 1 individual on death row. Wyoming’s use of capital punishment has been extremely limited, with the state’s last execution occurring in 1992.
In recent years, Wyoming has grappled with questions about the future of its death penalty system, with some lawmakers and advocates calling for its abolition.
In 2019, a bill to repeal the death penalty was introduced in the state legislature, citing concerns about the cost and moral implications of capital punishment, but the bill ultimately failed.
The death penalty remains a complex and divisive issue in the United States, with 27 states still retaining capital punishment. While some states have taken steps towards abolition, others continue to actively pursue executions.
As the debate continues, it is crucial to examine the realities of capital punishment in America and consider the profound implications of this ultimate form of justice.
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Martha A. Lavallie
Martha is a journalist with close to a decade of experience in uncovering and reporting on the most compelling stories of our time. Passionate about staying ahead of the curve, she specializes in shedding light on trending topics and captivating global narratives. Her insightful articles have garnered acclaim, making her a trusted voice in today's dynamic media landscape.
