The death penalty, also known as capital punishment, remains a deeply debated topic in the United States. While the practice has a long history in the nation, dating back to colonial times, its application and legality have evolved significantly over the centuries. This article delves into the current landscape of the death penalty in the U.S., specifically focusing on What States Have The Death Penalty and the trend of abolition across different states.
States That Have Abolished the Death Penalty
Over the past few decades, a notable trend has emerged with several states moving away from capital punishment. Motivations for abolition vary, often stemming from concerns about wrongful convictions, the cost of lengthy appeals processes, and moral objections to state-sanctioned killing. Here’s a chronological look at states that have abolished the death penalty, highlighting key moments and reasons behind these decisions:
Rhode Island
Rhode Island’s stance against the death penalty dates back quite some time. In 1979, the state’s Supreme Court deemed the mandatory death sentence for prisoners killing fellow inmates unconstitutional. Following this legal challenge, the state legislature officially repealed the law in 1984, firmly removing capital punishment from its criminal code.
New York
New York’s journey away from the death penalty involved a series of legal rulings. In 2004, the New York Court of Appeals declared a portion of the state’s death penalty law unconstitutional. This ruling was further solidified in 2007 when the court extended its prior holding to the last individual remaining on the state’s death row. Despite attempts to reinstate the statute, the legislature has consistently voted against restoring capital punishment.
New Mexico
In March 2009, New Mexico took a significant step by voting to abolish the death penalty. Although the repeal wasn’t retroactive, initially leaving two individuals on death row, the New Mexico Supreme Court later vacated these sentences in June 2019. The court ordered that these prisoners be resentenced to life imprisonment, effectively ending capital punishment in practice as well as law in the state.
Connecticut
Connecticut abolished the death penalty prospectively in April 2012, meaning it would no longer apply to future crimes. This legislative action, however, did not impact the status of the 11 inmates then on death row. Subsequently, the Connecticut Supreme Court ruled in August 2015 that the death penalty itself violated the state constitution. This decision was reaffirmed in May 2016, ensuring that all remaining death row inmates would be resentenced to life without parole.
Maryland
Maryland’s legislature voted to prospectively abolish the death penalty in March 2013, with the bill being signed into law in May of the same year. This left five men on death row, one of whom later died of natural causes. In a significant move, Governor Martin O’Malley commuted the sentences of the remaining four death row prisoners in January 2015, completing the state’s transition away from capital punishment.
Delaware
The Delaware Supreme Court played a crucial role in the state’s abolition of the death penalty. On August 2, 2016, the court declared Delaware’s capital sentencing procedures unconstitutional, effectively striking down the state’s death penalty statute. In December 2016, this decision was applied retroactively to the 13 prisoners on death row. Formal legislative removal of the death penalty from state law followed in 2024, cementing Delaware’s abolition.
Washington
Washington State’s Supreme Court declared the death penalty unconstitutional in October 2018. The court cited arbitrary and racially discriminatory application as the primary reasons for this decision. The legislature formalized this ruling by removing the death penalty from state law in 2023, aligning law with judicial interpretation.
New Hampshire
New Hampshire became the next state to abolish the death penalty in May 2019 through a legislative vote. Similar to some previous repeals, this abolition was not retroactive, initially leaving one person on death row. The subsequent legal process and outcome for this individual would need further tracking to ascertain the final resolution in line with trends in other states with similar non-retroactive abolitions.
Colorado
Colorado prospectively abolished the death penalty in March 2020, leaving three individuals on death row. In a swift and decisive action on the same day as the abolition, Governor Jared Polis commuted the death sentences of these three individuals, ensuring no one would face execution in the state going forward.
Oregon
Oregon’s path to near-abolition has been more nuanced. In August 2019, the state legislature passed a law significantly narrowing the scope of crimes eligible for the death penalty. The Oregon Supreme Court further ruled in October 2021 that executing individuals for crimes no longer statutorily eligible would be disproportionate punishment and unconstitutional. Culminating this progression, Governor Kate Brown commuted the sentences of all 17 remaining death row inmates in December 2022, effectively completing what she termed the legislature’s “near abolition” of the death penalty.
Conclusion
The trend across these states clearly indicates a shifting legal and societal perspective on capital punishment. Through legislative action and judicial review, these states have moved away from the death penalty, citing various legal, ethical, and practical concerns. While the death penalty remains a legal punishment in a number of states, the momentum of abolition, as seen in these examples, suggests an ongoing re-evaluation of capital punishment in the United States.
