Death Penalty in Flux

Posted: March 29, 2007

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).

States with Executions on Hold

See also DPIC's Lethal Injection page; many states may have to delay executions because of a shortage of one drug.

Click here for 2013 Legislation

Executions on Hold*
	REASON FOR HOLD	CURRENT STATUS
California Last: 1/2006	Executions halted because of lethal injection issue Referendum on repealing the death penalty defeated Nov. 2012	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. State's Chief Justice said executions not likely to resume unitl 2016.
Maryland Last: 12/2005	DEATH PENALTY ABOLISHED on MAY 2, 2013. Five inmates remain on death row. Executions cannot be carried out because of lethal injection issue.	State's lethal injection procedures were not approved according to the state Administrative Procedures Act	DE FACTO MORATORIUM: governor had begun process of enacting new lethal injection procedures; governor also backing bill to abolish death penalty, considered likely to pass in 2013. State's law was sharply restricted in 2009 and no death sentences have been handed down under the new law.
North Carolina Last: 8/2006	Executions effectively halted because of lethal injection issue	State judge stayed upcoming executions in 2007	DE FACTO MORATORIUM: State judge ruled that Medical Board cannot forbid physician participation. Racial Justice Act (RJA) modified in 2012, but 4 death sentences overturned. Executions on hold while lethal injection issues are resolved. In 2013, a bill is moving through legislature to repeal RJA and resolve lethal injection issues.
Arkansas Last: 11/2005	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. On June 22, 2012, the Ark. Sup. Ct. held that Methods of Execution Act of 2009 was unconstitutional because it delegated too much authority to the Dept. of Corrections. Proposed legislation in 2013 intended to restrict authority.
Oregon Last: 5/1997	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.
Kentucky Last: 11/2008	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. Rulings on April 25, 2012 continued the hold on executions for at least 90 days so the state could consider adopting a 1-drug protocol. In 2013, new drug protocol adopted.
Status Unclear
New Mexico	DEATH PENALTY ABOLISHED on Mar. 18, 2009	Legislature approved and governor signed bill replacing death penalty with life in prison without parole	2 INMATES REMAIN ON DEATH ROW. Executions are theoretically possible but years of appeals remain.
Connecticut	DEATH PENALTY ABOLISHED on Apr. 25, 2012	Legislature approved and governor signed bill replacing death penalty with life in prison without parole	11 INMATES REMAIN ON DEATH ROW or face re-sentencing. 1 had sentence overturned. Hearing underway to determine constitutionality of state's death penalty practice.
Pennsylvania	No executions since 1999	No formal hold, but appeals continue	status unclear; legislatively mandated study under way in 2012; some inmates near the end of appeals in 2013
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	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. (Stayed)
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
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
Tennessee	all executions stayed in 2010 and 2011	courts are reviewing lethal injection protocol	status unclear
Indiana	executions on hold in 2011	state lacks execution drug	state may have to change to alternative drug
Missouri	lethal injection challenge	state lacks execution drug	state's protocol could not be approved because state lacks one of the drugs specified in the protocol and is unlikely to obtain it; state announced its attention to use Propofol in a 1-drug protocol, but no new dates have been set.
Washington	lethal injection challenge	unlikely to be resolved until 2013
Georgia	lethal injection challenge	court hearings Nov. 2012	Georgia announced a change in its execution protocol from 3-drugs to one just prior to the scheduled execution of Warren Hill in July 2012. The execution was indefinitely stayed to decide whether Georgia's changes must be subject to a period of public comment. In 2013, GA Sup. Ct. ruled execution process not subject to public review. Execution carried out in 2013, but supply of drugs may have expired.
Montana	lethal injection challenge	Sept. 6, 2012 ruling found protocol unconstitl.	Court identified 3 problems that may be easily remedied, though no action has been taken on 1 of these for 4 yrs.

*States are listed as Executions on Hold 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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Lethal Injection News

Arkansas announced plans to use a new drug, phenobarbital, in executions. No other state has used phenobarbital in executions. (Associated Press, 4/16/13). In response, Hikma, the company that produces phenobarbital, announced it would restrict the distribution of the drug in order to avoid its use in executions. (The Guardian, May 15, 2013)

Teva Pharmaceutical Industries, a maker of the anesthetic propofol, has said it will estalish procedures to prevent propofol from being sold to correctional facilities. (Bloomberg News, 3/21/13)

Georgia's supply of pentobarbital will expire on March 1, 2013 (AP, 2/18/13), began using one-drug protocol on February 21, 2013 in execution of Andrew Cook (The Guardian, 2/21/13)

Ohio Department of Rehabilitation and Correction has requested that doctors participate in executions and be protected from professional sanctions for doing so. (AP, 2/15/13)

Louisiana announced intentions to switch to a one-drug protocol of pentobarbital, beginning with an execution scheduled for Feb. 13. (Baton Rouge Advocate, 2/6/13)

Execution stayed, judge requires additional information on new execution procedure. (AP, 2/7/13)

Kentucky announced proposed new execution method, which calls for 1- or 2-drug lethal injection, depending on availability of drugs. New protocol takes effect 2/1/13, but must be approved by a judge before executions can resume. (AP, 1/31/13)

South Dakota switched to a one-drug protocol using pentobarbital on 10/15/12. (AP, 10/16/12) The drug used may have been obtained from a compounding pharmacy, whose products are not verified for safety or effectiveness by the FDA. (Washington Post, 10/10/12)

Missouri had planned to use the anesthetic propofol in its executions, but the main supplier of the drug announced it will not sell the drug to prisons for use in lethal injections. Fresenius Kabi USA, a company based in Germany with an office in Illinois, said such use would be "inconsistent" with its mission. (AP, 9/28/12).

Montana executions are on hold after a District Court judge ruled the state's execution procedure unconstitutional (Canadian Press, 9/6/12).

From DPIC

QUOTES FROM CALIFORNIA DEATH PENALTY REPEAL EFFORT

On November 6, a California ballot measure to repeal the death penalty and replace it with a sentence of life without parole was narrowly defeated. Many of those involved in law enforcement supported the repeal.

"Given my experience, I believe there are three compelling reasons why the death penalty should be replaced. (1) The criminal justice system makes mistakes and the possibility of executing innocent people is both inherently wrong and morally reprehensible; (2) My personal experience and crime data show the death penalty does not reduce crime; and (3) The death penalty wastes precious resources that could be best used to fight crime and solve thousands of unsolved homicides languishing in filing cabinets in understaffed police departments across the state."

-George Gascon, San Francisco District Attorney and former police chief

***

“[T]here’s no chance California’s death penalty can ever be fixed. The millions wasted on this broken system would be much better spent keeping teachers, police and firefighters on their jobs.”

-Carlos Moreno, former California Supreme Court Justice

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“Had I known then what we do today, I would have pushed for strong life sentences without the possibility of parole. I still believe that society must be protected from the most heinous criminals, and that they don't deserve to ever again be free. But I'd like to see them serve their terms with the general prison population, where they could be required to work and pay restitution into the victims' compensation fund.”

-Ron Briggs, sponsor of the initiative which expanded California's death penalty law in 1978

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"The death penalty serves no one. It doesn't serve the victims. It doesn't serve prevention. It's truly all about retribution....There comes a time when you have to ask if a penalty that is so permanent can be available in such an imperfect system. The only guarantee against executing the innocent is to do away with the death penalty."

-Jeanne Woodford, former warden of San Quentin prison

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"I now understand that the death penalty is an ineffective, cruel and simplistic response to the complex problem of violent crime. Our limited resources could be better spent on programs that focus on stopping violence before it starts, such as preventing child abuse and drug addiction – programs that will prevent another child from becoming the next [murderer]."

-Darryl Stallworth, former Deputy District Attorney, Alameda County

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"I was a supporter and believer in the death penalty, but I've begun to see that this system doesn't work and it isn't functional. It costs an obscene amount of money."

-Gil Garcetti, former Los Angeles District Attorney