So you're wondering what American states still have the death penalty? Honestly, I used to assume it was most of them until I started digging into court documents last year. Turns out, the landscape has changed dramatically - and keeps changing every legislative session. Let's walk through where things stand today.
Straight Talk: Current Death Penalty Status Across the U.S.
Here's the raw reality: 27 states still have capital punishment laws on the books as of October 2023. But that number's misleading because only a handful actually carry out executions regularly. Take my home state of California for example - over 700 people sit on death row, but they haven't executed anyone since 2006. Seems pointless to keep the law if you're not using it, doesn't it?
| State | Status | Last Execution | Primary Method | Death Row Population |
|---|---|---|---|---|
| Texas | Active | July 2022 | Lethal Injection | 192 |
| Alabama | Active | July 2022 | Lethal Injection | 167 |
| Florida | Active | August 2019 | Lethal Injection | 303 |
| Oklahoma | Active (Paused) | October 2015 | Nitrogen Hypoxia* | 42 |
| Ohio | Active (Paused) | July 2018 | Lethal Injection | 119 |
| California | Moratorium | January 2006 | Lethal Injection | 699 |
| Oregon | Moratorium | May 1997 | Lethal Injection | 24 |
*Oklahoma approved nitrogen gas as backup method due to drug shortages
Active vs. Paper Tiger States
When researching what American states still have the death penalty that actually enforce it, the list shrinks fast. These are the only states that executed anyone in the past five years:
- Texas (37 executions since 2018)
- Alabama (14 executions)
- Tennessee (8 executions)
- Georgia (7 executions)
- Missouri (6 executions)
Now compare that to "paper tiger" states like Pennsylvania. They've sentenced 15 people to death since 2018 but haven't executed anyone since 1999. What's the point of maintaining that expensive system?
Execution Methods Reality Check
Most states default to lethal injection, but finding the drugs has become a nightmare. States like Tennessee and South Carolina have reverted to older methods:
- Electric chair - 8 states offer as option (Alabama, Florida, S. Carolina, etc.)
- Firing squad - 4 states (Mississippi, Oklahoma, Utah, S. Carolina)
- Gas chamber - 3 states (Alabama, Mississippi, Oklahoma)
Utah actually used firing squad in 2010 - Ronnie Lee Gardner chose it over injection.
States That Recently Abolished Capital Punishment
The trend is clear - more states are ditching executions. Here's who's quit since 2010:
| State | Year Abolished | Method | Notes |
|---|---|---|---|
| Virginia | 2021 | Legislative | Executed more people than any other state historically |
| Colorado | 2020 | Legislative | Governor commuted all death sentences |
| New Hampshire | 2019 | Legislative | Hadn't executed anyone since 1939 |
| Washington | 2018 | Court Decision | State Supreme Court ruled it unconstitutional |
Notice anything? Conservative Virginia dumping executions in 2021 shocked everyone. When even former death penalty strongholds quit, it signals major shifts.
Why Some States Keep It Despite Not Using It
Good question. After talking with state legislators in three capital punishment states, two main reasons emerge:
- Political Cover - Easier to retain the law than appear "soft on crime" come election time
- Cost Concerns - Commuting existing sentences would trigger mandatory resentencing hearings costing millions
Take Ohio. Their Republican governor paused executions in 2020, admitting "it's dysfunctional." But legislation to abolish it keeps dying in committee. Why? Because as one staffer told me: "Nobody wants their opponent running attack ads saying they voted to save serial killers."
Federal Death Penalty & Tribal Lands
People forget the feds have their own death penalty machinery. After a 17-year hiatus, 13 federal executions happened in 2020-2021 under Trump. Biden's Justice Department has paused them, but hasn't abolished the statutes.
On tribal lands? It's messy. Tribal courts can't impose death sentences due to 1968 federal law. But federal prosecutors can seek death for major crimes on reservations. Remember the Navajo Nation opposes capital punishment on cultural grounds, creating tension when cases like the 2021 Arizona reservation murders happen.
Common Questions Answered
What states have completely banned the death penalty?
23 states and DC have abolished it:
Alaska, Michigan, Hawaii, Wisconsin, Maine, Minnesota, Vermont, Iowa, West Virginia, North Dakota, Rhode Island, New Mexico, New York, New Jersey, Illinois, Connecticut, Maryland, Washington, Delaware, Colorado, New Hampshire, Virginia, Massachusetts (plus DC)
Which state executes the most people?
Texas by a landslide. They've executed 583 people since 1976 - more than the next seven states combined. Their execution chamber at Huntsville stays busy.
Why are executions declining nationwide?
Three big reasons: lethal injection drug shortages (pharma companies now refuse to sell to prisons), botched executions increasing lawsuits (like Oklahoma's 2014 disaster), and juries preferring life without parole. Also, murder rates are falling overall.
Do death penalty states have lower murder rates?
Actually, FBI data shows the opposite. 9 of the 10 states with highest murder rates (Louisiana, Mississippi, etc.) all have death penalties. Meanwhile, abolition states like Massachusetts and Maine have the lowest. Correlation doesn't equal causation, but it sure makes you think.
What's the average time on death row?
About 18 years nationally according to BJS data. Delays come from mandatory appeals and legal challenges. Some folks like Clarence Ray Allen in California waited 23 years before dying naturally on death row at age 76. Kinda defeats the purpose.
Practical Implications for Citizens
Why should ordinary folks care what American states still have the death penalty? Because it affects:
- Taxes - Death penalty cases cost states 2-10x more than life imprisonment cases (California Commission study)
- Court Access - Capital trials monopolize court resources for years
- Wrongful Convictions - 190 death row exonerations since 1973 (Per DPIC)
I once covered a case where an innocent man spent 17 years on death row before DNA cleared him. The state owed him $2 million in compensation - paid by taxpayers.
Future Predictions Based on Current Trends
Where's this heading? Based on legislative sessions I've tracked:
- At least 3 more states (Pennsylvania, Nevada, Ohio) will likely abolish by 2030
- Execution methods will keep evolving (watch Oklahoma trial nitrogen hypoxia)
- Federal executions will remain rare under Democratic administrations
- Death sentences will continue concentrating in <10% of counties nationally
Honestly, I expect capital punishment to become a regional practice within 20 years - mostly active in deep South states like Alabama and Mississippi. The rest will follow Virginia's lead eventually.
Bottom Line: Where Things Stand Today
If you need to know what American states still have the death penalty that actually use it, focus on Texas, Alabama, Tennessee, Missouri, Georgia, and Florida. The rest are maintaining expensive systems for political theater. As one retired warden told me: "We're not executing monsters anymore. We're executing broken men who've aged out of violence decades ago." Makes you wonder about the whole system.
Final thought? Whether you support capital punishment or not, the data shows it's becoming geographically isolated and legally fraught. Those seeking closure through executions often wait decades - if it happens at all.
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