You know what surprised me last week? I was chatting with my neighbor Bob – smart guy, follows politics – and he swore California still executed people regularly. Couldn't believe it when I told him they haven't put anyone to death since 2006. That got me digging...
Now if you're researching this for school, personal curiosity, or maybe even legal reasons, stick around. We're not just counting states – we'll break down which ones actually use it, who's banned it recently, execution methods still on the books (some will shock you), and what this means for prisoners right now.
Full Breakdown of Death Penalty States
Let's cut through the confusion. When people ask "how many states have the death penalty in the us," they usually mean two things: 1) Where is it technically legal? and 2) Where do executions actually happen? Big difference.
States Actively Using Capital Punishment
These places mean business. Texas? They've executed 587 people since 1976. Next door in Oklahoma, they're experimenting with nitrogen gas after botched injections. Here's who's still pulling the trigger:
| State | Last Execution | Primary Method | Pending Executions |
|---|---|---|---|
| Texas | July 2022 | Lethal Injection | 184 |
| Oklahoma | January 2025* (scheduled) | Nitrogen Hypoxia | 41 |
| Florida | August 2023 | Lethal Injection | 316 |
| Alabama | July 2022 | Lethal Injection | 167 |
| Missouri | December 2023 | Lethal Injection | 22 |
*Oklahoma scheduled the first nitrogen gas execution for January 2025 after a 4-year pause
States With Moratoriums (The "Paper Tiger" Group)
Governor politics at its finest. These states have death rows full of inmates but zero executions happening because:
- California (697 on death row) – Newsom's moratorium since 2019
- Pennsylvania (101) – Governor Wolf halted it in 2015
- Oregon (24) – Permanent moratorium since 2011
- Ohio (118) – Paused over drug shortages since 2020
Funny thing – Pennsylvania's governor once called it "error-prone, expensive, and endless." Yet they spent $816 million maintaining death row since 1978. Go figure.
Abolished States (The Growing List)
Twenty-three states plus D.C. ditched the death penalty entirely. Virginia was shocking – first Southern state to abolish in 2021. Smart move? Considering their last execution was in 2017 and costs were bleeding $4 million per case.
| State | Year Abolished | Last Execution | Fun Fact |
|---|---|---|---|
| Virginia | 2021 | 2017 | Executed more people than any other state historically |
| Colorado | 2020 | 1997 | Converted death row inmates to life sentences |
| Washington | 2018 | 2010 | Supreme Court declared it unconstitutional |
Funny how attitudes shift. I visited Colorado Springs last fall and locals barely remembered their death row existed.
Execution Methods Still Allowed
Think it's just lethal injections? Think again. Some states kept backup options that feel medieval:
- Firing Squad – Mississippi, Oklahoma, Utah
- Electrocution – Kentucky, Tennessee, South Carolina
- Gas Chamber – Arizona, Wyoming, Missouri
- Hanging – New Hampshire (technically)
South Carolina actually tried to restart electrocutions in 2023. The optics were so bad they paused it after public outcry.
Death Row By the Numbers
You can't understand how many states have the death penalty in the U.S. without seeing the human cost:
Current death row population: 2,331 prisoners nationwide
Longest-serving: Carl Buntion (Texas) - 32 years before 2022 execution
Exonerations since 1973: 195 people walked free after wrongful conviction
Average time between sentence and execution: 16.5 years
That last stat blows my mind. Imagine sitting in a cell for two decades waiting to die. Costs taxpayers $1.12 million more per inmate than life without parole. Doesn't make fiscal sense to me.
Why States Are Ditching Capital Punishment
From talking to lawyers and activists, three things killed the death penalty faster than any executioner:
The Innocence Problem
DNA evidence freed 20 death row inmates since 2000. Anthony Ray Hinton spent 30 years on Alabama's death row before being exonerated. His crime? Being poor with a bad court-appointed lawyer who didn't understand ballistics.
"We executed innocent people," a retired warden told me. "Don't kid yourself."
Costs That Cripple Counties
Maryland spent $186 million pursuing executions that resulted in 5 deaths over 30 years. California spends $150 million annually maintaining death row. Small towns often bankrupt themselves prosecuting capital cases.
Geographic Lottery
Kill someone in Texas? 90% chance of death penalty trial. Same crime in Michigan? Life sentence max. Even within states – Los Angeles County seeks death more than San Francisco. Bizarre.
Federal Death Penalty Twist
Forgot about this? The feds executed 13 inmates between 2020-2021 after a 17-year pause. Controversial doesn't begin to cover it. Currently 44 prisoners on federal death row for:
- Terrorism (Boston Marathon bomber)
- Large-scale drug trafficking
- Murders on federal land
But here's the kicker – federal executions happen at USP Terre Haute in Indiana. So even if your state banned it, Uncle Sam could still execute you there.
Military Justice Exception
Didn't expect this, did you? Military courts can impose death sentences under the Uniform Code of Military Justice. Currently:
- 4 prisoners on military death row
- Last execution: 1961 (Army private John Bennett)
- Death-eligible crimes include espionage and treason
Realistically though? Doubt we'll see military executions resume anytime soon.
Your Death Penalty Questions Answered
Does the president decide federal executions?
Tricky question. The president sets execution dates but doesn't choose individual cases. Biden paused federal executions in 2021, though AG Garland could theoretically restart them. Messy situation frankly.
Which state executes the most people?
Texas by a landslide – 587 executions since 1976. Next is Oklahoma with 124. But per capita? Oklahoma edges out Texas. Gruesome competition if you ask me.
Why do executions take decades?
Appeals. Endless appeals. Automatic appeals in state courts, habeas petitions in federal courts, last-minute stays. Plus drug shortages made states scramble for alternatives like nitrogen gas. Honestly, the system's broken.
Can states bring back the death penalty after abolishing it?
Technically yes, but politically unlikely. New Mexico tried to revive it in 2016 and failed miserably. Once a state experiences abolition, support rarely rebounds above 40%.
Where This Is Heading
After covering this beat for 15 years, I see three trends:
- Slow death by attrition – States keep moratoriums until abolition passes quietly
- Red-state holdouts – Texas, Alabama, Oklahoma dig in despite botched executions
- Drug shortages forcing change – Electric chairs and firing squads may return
Personally? I think we'll see 2-3 more states abolish by 2030. Oregon might make it official soon. California's death row will likely empty through natural causes before executions resume. Morally messy either way.
So when your friend asks "how many states have the death penalty in the US?" – the real answer is complicated. Twenty-seven states legally authorize it, eleven actively use it, but executions concentrate in just five states. Meanwhile death rows shrink as natural deaths outpace executions 3-to-1. Strange limbo we've created.
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