States With and Without the Death Penalty

 

STATES WITH THE DEATH PENALTY (31)
Other State Information:
Alabama
Arizona
Arkansas
California
Colorado
Delaware
Florida
Georgia
Idaho
Indiana
Kansas
Kentucky
Louisiana
Mississippi
Missouri
Montana
Nevada
New Hampshire
North Carolina
Ohio
Oklahoma
Oregon
Pennsylvania
South Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
Washington
Wyoming

ALSO
- U.S. Gov't
- U.S. Military
STATES WITHOUT THE DEATH PENALTY (19) (YEAR ABOLISHED IN PARENTHESES)
Alaska (1957)
Connecticut (2012)**
Hawaii (1957)
Illinois (2011)
Iowa (1965)
Maine (1887)
Maryland (2013)
Massachusetts (1984)
Michigan (1846)
Minnesota (1911)
Nebraska*** (2015)
New Jersey (2007)
New Mexico* (2009)
New York (2007)#
North Dakota (1973)
Rhode Island (1984)^
 
Vermont (1964)
West Virginia (1965)
Wisconsin (1853)

ALSO
Dist. of Columbia (1981) 

 

^ In 1979, the Supreme Court of Rhode Island held that the state's statute making a death sentence mandatory for someone who killed a fellow prisoner was unconstitutional. The legislature repealed the law and removed it from the state criminal code in 1984.

# In 2004, the New York Court of Appeals held that a portion of the state's death penalty law was unconstitutional. In 2007, they ruled that their prior holding applied to the last remaining person on the state's death row. The legislature has voted down attempts to restore the statute.

* In March 2009, New Mexico voted to abolish the death penalty. However, the repeal was not retroactive, leaving two people on the state's death row.

** In April 2012, the Connecticut legislature voted to abolish the death penalty for future crimes. By its terms, the repeal law did not affect the status of the 11 prisoners then on the state's death row. The Connecticut Supreme Court subsequently ruled in August 2015 that the death penalty violated the state constitution. The Court reaffirmed that holding in May 2016 and reiterated that the state's remaining death row prisoners must be resentenced to life without possibility of parole. 

*** In May 2015, Nebraska voted to abolish the death penalty. Death penalty proponents submitted sufficient signatures to suspend the repeal pending the outcome of a voter referendum in November 2016. The status of the 10 prisoners on the state's death row should the repeal survive the voter referendum is uncertain.