You might be wondering which states still approve death penalty considering the controversy surrounding the capital punishment. Currently, there are 27 death penalty legal states in the United States, meaning that it is still available and considered as the most suitable punishment for certain crimes in the country.
In this article, we will show you the states that still allow death sentence as a capital punishment and those that have abolished it. But before then, let’s find out what death penalty is, how it is given, and the arguments for and against it.
What Is Death Penalty?
Death penalty, also known as capital punishment, judicial homicide, or death sentence, is the execution of someone that is found guilty of certain crimes. But such an individual is only executed after being convicted and sentenced to death by a court of law. So, any execution that is not legally approved by the court is not the death penalty we are discussing here.
Death Penalty Legal States
Despite the controversies surrounding death penalty, it is allowed in 27 states. These states are:
- 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
- Wyoming
In case you are wondering why certain states, such as California, Pennsylvania, Oregon and Ohio, are on the list, the truth is that these states have not abolished death penalty. They only have executive stay or executive hold on death penalty. What this means is that the governors of these states have requested that the death penalty should be put on hold while they are in office. There will likely be a resumption of the punishment when the governors’ tenures are over.
How Is Death Penalty Administered?
There are different methods of administering death penalty but only four of them are commonly used in the United States. These methods are:
- Lethal injection (this is the most commonest and the primary method used by most states)
- Firing squad (this is the least common method but it is available as a secondary method in a few states)
- Electric chair (this is used as a secondary method in a few states)
- Gas chamber (this is also used as a secondary method in a few states)
What Crime Usually Leads to a Death Penalty?
Usually, in the United States, death penalty is attracted by capital crimes. Capital crimes here include aggravated murder and crimes committed against the state. What is considered an aggravated murder depends on the definition of the crime by the state. But this includes killing a child, mass killing (such as in shoot outs), killing an officer on duty and any murder that is committed while committing other crimes.
Crimes against the state include espionage, treason, large scale drug trafficking, terrorism, and aircraft hijacking. Different states also have what is considered a capital crime against the state. What this means is that what is seen as a crime against the state varies in different states.
Who Can Give Death Penalty?
It is the place of a state to decide who has the power to pronounce a death penalty. In some states, the judge that presided over a trial that involves the concerned capital crime has the sole power to sentence the convict to death. In some other states, a panel of judges must be convened for this purpose and they must unanimously agree to the death sentence penalty. However, in some states, the juries are deeply involved in death penalty sentence and their recommendations are given utmost considerations.
Controversies Surrounding Death Penalty
There are several controversies surrounding the use of death penalty as a form of punishment for capital crimes. While some people support it, others campaign against it. Each group has reasons for taking its stand.
In this section, we will look at the different arguments for and against death penalty and the reasons why each group takes its stand.
Arguments for Death Penalty
The people and groups that advocate death penalty have presented different reasons for their stand. Some of the most critical of these reasons are as follows:
- Death penalty serves as a deterrence to others that will commit similar crimes.
- It serves as a form of retribution for a capital crime committed against someone.
- It gives a sense of justice and fairness to the family of the victim (or the victim in some cases).
- It provides closure to the victim’s family.
- It can prevent further crime.
Arguments against Death Penalty
The oppositions to death penalty believe that the reasons provided by its advocates are wrong. For example, they claim that death penalty does not stop crimes and it is definitely not a form of justice.
In summary, here are some of the critical reasons why those opposing death penalty believe the capital punishment should be abolished:
- Death penalty does not stop crime because similar crimes that attract the punishment are recorded in states that allow the punishment.
- Death penalty does not offer justice and closure because many members of victims’ families stand against it.
- Death penalty is barbaric and archaic.
- It leads to torture.
- Some receivers of this punishment are innocent and, as a result, they are not given a chance to seek redress and prove their innocence. Put differently, death penalty has resulted in the death of falsely accused people.
- The minority races are usually targeted. In other words, death penalty leads to racial discrimination.
- Death penalty is very expensive.
Death Penalty Restricted States
Death penalty is not available in 23 states. What this means is that, in these states, when people commit a capital crime that would have landed them a death penalty, the judges pronounce other forms of punishments on them.
The states that don’t have death penalty are:
- Alaska (abolished in 1957)
- Colorado (abolished in 2020)
- Connecticut (abolished in 2012)
- Delaware (abolished in 2016)
- Hawaii (abolished in 1957)
- Illinois (abolished in 2011)
- Iowa (abolished in 1965)
- Maine (abolished in 1887)
- Maryland (abolished in 2013)
- Massachusetts (abolished in 1984)
- Michigan (abolished in 1847)
- Minnesota (abolished in 1911)
- New Hampshire (abolished in 2019)
- New Jersey (abolished in 2007)
- New Mexico (abolished in 2009)
- New York (abolished in 2007)
- North Dakota (abolished in 1973)
- Rhode Island (abolished in 1984)
- Vermont (abolished in 1972)
- Virginia (abolished in 2021)
- Washington (abolished in 2023)
- West Virginia (abolished 1965)
- Wisconsin (abolished in 1853)
Wrapping It Up
Death penalty is available in 27 states despite the campaigns against it. This means there may likely not be an end to this form of punishment in the near future. All the same, in the United States, death penalty is only reserved for convicted capital crimes.