Death Penalty in Flux

Posted: March 29, 2007
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Executions were halted in all states in September 2007 because of challenges to the lethal injection process. The U.S. Supreme Court decided Baze v. Rees, a lethal injection challenge from Kentucky, on April 16, 2008. Executions resumed in some states. Executions are also on hold for other reasons in a few states. Legislative reform or proposed repeal of the death penalty are under consideration in many states (see below).

Last updated Jan. 24, 2012

 

Click here for 2012 Legislation

Executions on Hold*
State REASON FOR HOLD Description Current status
1. Illinois

Formal moratorium on executions had been in place because of general death penalty concerns

DEATH PENALTY ABOLISHED

 imposed by Governor Ryan in 2000; continued by other governors Bill to abolish death penalty passed legislature in Jan. 2011.  Signed by governor; effective July 1, 2011.  All remaining death sentences commuted to life without parole.
2. California Executions halted because of lethal injection issue executions scheduled in 2010 stayed by state and federal courts DE FACTO MORATORIUM: present system under review; in addition, state's changes to lethal injection procedures were not approved according to the state Administrative Procedures Act; Shortage of thiopental sodium may also effecti executions.  A large supply of the drug was obtained from Great Britain, but can no longer be used. Federal judge conducting a review of state's current system.  No executions will be scheduled in 2011 or 2012.
3. Maryland Executions effectively halted because of lethal injection issue; also, in 2008, state commission recommended abolition of death penalty state's lethal injection procedures were not approved according to the state Administrative Procedures Act DE FACTO MORATORIUM: governor has begun process of enacting new lethal injection procedures; governor also introduced bill to abolish death penalty; abolition bill defeated in 2009; bill to abolish the death penalty likely in 2012. Lethal injection protocol may have to be re-written because of shortage of 1 drug used in the process.  State's law was sharply restricted and no death sentences have been handed down under the new law.
4. North Carolina Executions effectively halted because of lethal injection issue; no executions since 2006 state judge stayed upcoming executions in 2007 DE FACTO MORATORIUM: State judge ruled that Medical Board cannot forbid physician participation.  Racial Justice Act upheld by legislature in 2012.  Effectively, executions on hold while lethal injection and race challenges are resolved.
5. New Mexico DEATH PENALTY ABOLISHED on Mar. 18, 2009 Legislature approved and governor signed bill replacing death penalty with life in prison without parole DEATH PENALTY ABOLISHED PROSPECTIVELY, BUT 2 INMATES REMAIN ON DEATH ROW.  Executions are theoretically possible but years of appeals remain.
6. Arkansas Lethal injection of Jack Jones, scheduled for Mar. 16, 2010, was indefinitely stayed by federal court. Execution dates in 2011 stayed. Court of appeals refused to lift stay and governor halted the preparations for execution. DE FACTO MORATORIUM: Ark. Sup. Ct. has stayed executions in 2011 because of lethal injection challenges.
7. Oregon On Nov. 22, 2011, Gov. John Kitzhaber declared a moratorium on all executions for the remainder of his term. An execution of a volunteer was coming up on Dec. 6.  It would have been the first execution in 14 years. FORMAL MORATORIUM: The governor has called for a debate on the death penalty.  State may require a referendum to end the death penalty.
Status Unclear      
8. Kentucky KY Supreme Court held on Nov. 25, 2009 that new lethal injection protocol had not been properly reviewed under the state's Administrative Procedures Act. All executions on hold while courts review whether new protocol complies with the law. DE FACTO MORATORIUM: Judge questioning completeness of new protocol.  Shortage of thiopental sodium affecting executions, which are effectively on hold.  New execution date set for Jan. 19, 2012, but may be stayed.
9. Pennsylvania No executions since 1999 No formal hold, but appeals continue status unclear; legislatively mandated study under way in 2012
10. Nebraska Executions originally halted because electrocution held unconstitutional by Neb. Sup. Ct. on Feb. 8, 2008.  Legislature approved lethal injection in 2009. State Supreme Court had stayed May 8, 2007 execution of volunteer Carey Moore pending review of electrocution process DE FACTO MORATORIUM: New lethal injection law being challenged in courts.  June 14, 2011 execution of Carey Moore stayed by Neb. Sup. Ct.  New execution date set for different inmate on Mar. 6, 2012.
11. Nevada executions effectively halted because of lethal injection issue; no executions since 2006 State Supreme Court stayed execution of volunteer William Castillo to review lethal injection status unclear
12. FEDERAL last 4 execution dates stayed because of lethal injection issue; no executions since 2003 stays granted by federal District Court status unclear; Justice Dept. had requested an execution date for Jeffrey Paul, claiming he is not part of lethal injection suit, but no date has been set
13. Tennessee all executions stayed in 2010 and 2011 courts are reviewing lethal injection protocol status unclear
14. Indiana executions on hold in 2011 state lacks execution drug state may have to change to alternative drug
*States are included in this list if executions were placed on hold either by court or executive order and the final resolution of that dispute has not been ruled on by the highest appropriate (state or federal) court.

Ohio began a study of its death penalty system in 2011.  Pennsylvania will begin a study in 2012.  California, North Carolina, Maryland, New Hampshire and Tennessee have conducted studies of their death penalty process in recent years. A Nevada commission is reviewing a variety of criminal justice issues, including the death penalty. Indiana is studying legislation that would exempt seriously mentally ill defendants from the death penalty.  
For more information, see DPIC's Lethal Injection and Recent Legislative Activity Web pages. First posted February 6, 2007; updates as required.

   

 

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