Status of Death Penalty Statutes Statute in Force, 2008 Capital Punishment - bjs ojp usdoj-2025

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The death penalty can only be imposed on defendants convicted of capital offenses such as , treason, genocide, or the killing or kidnapping of a Congressman, the President, or a Supreme Court justice. Unlike other punishments, a jury must decide whether to impose the death penalty.
States Without The Death Penalty (23) Alaska (1957) Colorado (2020) Connecticut (2012) Delaware (2016) Hawaii (1957) Illinois (2011) Iowa (1965) Maine (1887)
However, 27 states still have capital punishment: Alabama, Arizona, Arkansas, California, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, and
In the United States, capital punishment (also known as the death penalty) is a legal penalty in 27 states (of whom two, Oregon and Wyoming, do not currently have any inmates sentenced to death), throughout the country at the federal level, and in American Samoa. It is also a legal penalty for some military offenses.
On June 29, 1972, the Court decided in a complicated ruling, Furman v. Georgia, that the application of the death penalty in three cases was unconstitutional. The Court would clarify that ruling in a later case in 1976, putting the death penalty back on the books under different circumstances.
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DECISION: On April 16, 2008, the Court ruled that Kentuckys three-drug protocol for carrying out lethal injections does not amount to cruel and unusual punishment under the Eighth Amendment.

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