In the United States, capital punishment, also known as the death penalty, remains a legal penalty sanctioned by various jurisdictions. Specifically, it is permitted in 27 states, the territory of American Samoa, and under the authority of both the federal government and the U.S. military justice system. Conversely, 23 states have entirely abolished the practice, deeming it an unlawful form of punishment within their borders. While the death penalty is legally permissible in 27 states, its practical application is more limited; only 21 of these states currently possess the operational capacity to carry out death sentences. The remaining six states, alongside the federal government, are subject to various forms of moratoriums, which are official or de facto suspensions on executions, often due to legal challenges, gubernatorial decrees, or practical limitations. The historical roots of capital punishment in the United States can be traced back to its earliest colonial settlements, particularly in colonial Virginia, reflecting an inheritance of English common law. Globally, the United States occupies a distinctive position: it stands as one of only four advanced democracies that regularly apply the death penalty, alongside Japan, Taiwan, and Singapore, making it the sole Western nation to do so among its peers with comparable democratic institutions and high human development indices.

On a broader international scale, the United States is one of approximately 54 countries worldwide that continue to utilize capital punishment. Notably, the U.S. pioneered the development of lethal injection as a method of execution, a practice first implemented in 1982. This method, often perceived as more humane than traditional forms of execution, has since been adopted by five other nations. However, two of these countries, the Philippines, has since completely abolished executions, and Guatemala has ceased its use for civil offenses (though it remains on the books for military crimes during wartime). This leaves the United States as one of only four countries, alongside China, Thailand, and Vietnam, that still regularly employs lethal injection for judicial executions. Regardless of the specific method chosen for execution, it is standard practice in the U.S. to administer sedatives to the condemned inmate prior to the procedure. This measure is primarily intended to calm the individual, mitigate distress, and potentially reduce any perceived suffering or resistance during the execution process.

Landmark Legal Rulings and Execution Trends

A significant hiatus in executions occurred in the United States between 1967 and 1977, a period marked by intense legal scrutiny of capital punishment. This de facto moratorium culminated in the landmark 1972 Supreme Court decision in Furman v. Georgia. In this pivotal ruling, the Supreme Court declared existing capital punishment statutes unconstitutional, primarily citing their arbitrary and capricious application, which was deemed to violate the Eighth Amendment's prohibition against cruel and unusual punishment and the Fourteenth Amendment's due process clause. This decision effectively invalidated all death penalty laws nationwide at the time, resulting in the commutation of over 600 pending death sentences to life imprisonment. In response to Furman, a majority of states swiftly enacted new death penalty statutes designed to address the Supreme Court's concerns by implementing guided discretion for juries, bifurcated trials (separating the guilt and sentencing phases), and automatic appellate review. The legality of these reformed statutes was subsequently affirmed by the Supreme Court in the landmark 1976 case of Gregg v. Georgia, effectively reinstating the death penalty in the United States.

Since the Gregg v. Georgia decision, more than 7,800 defendants have been sentenced to death across the United States. Of this substantial number, over 1,500 individuals have been executed. A critical and often debated aspect of capital punishment is the issue of wrongful convictions. Since 1972, at least 185 people who were sentenced to death have subsequently been exonerated, meaning they were officially cleared of the charges leading to their death sentence. This figure represents approximately 2.4% of all death sentences since 1972, or roughly one exoneration for every 42 death sentences, highlighting concerns about the irreversibility of capital punishment and potential miscarriages of justice. As of December 16, 2020, the total population on death row across state and federal jurisdictions stood at 2,591 convicts, a number that constantly fluctuates due to new sentences, appeals, commutations, and executions.

Federal Death Penalty: Resumption and Political Stance

In 2019, the Department of Justice under the Trump administration announced its intent to resume executions for federal crimes, ending a 17-year moratorium on federal capital punishment. Federal crimes punishable by death include offenses such as espionage, treason, large-scale drug trafficking, and certain types of murder (e.g., murder of a federal official, murder in connection with a drug kingpin operation, or murder during a bank robbery). On July 14, 2020, Daniel Lewis Lee became the first inmate executed by the federal government since 2003, marking the resumption of federal executions. As of January 2022, there were 44 inmates on federal death row. From the resumption of federal executions in July 2020 until January 2021, a total of 13 federal death row inmates were executed. The last and most recent federal execution was that of Dustin Higgs, carried out on January 16, 2021. Higgs's execution also marked the final federal execution conducted during the presidency of Donald Trump. The future of federal executions remains uncertain under the presidency of Joe Biden, despite his stated personal opposition to capital punishment in the United States. In July 2021, Attorney General Merrick Garland imposed a moratorium on federal executions to review policies and procedures, though no permanent repeal has been enacted.

In a legislative effort to align federal law with this opposition, Democrats introduced the Federal Death Penalty Abolition Act of 2021 on January 4, 2021. This bill aims to eliminate the death penalty for all federal crimes and commute existing federal death sentences to life imprisonment. As of its introduction, the bill is currently under consideration by the House Judiciary Committee. The Human Rights Measurement Initiative, an independent project that measures the human rights performance of countries, assesses the United States' adherence to the right to freedom from the death penalty. It awarded the U.S. a score of 4.4 out of 10, indicating significant concerns regarding its application of capital punishment in relation to international human rights standards.

The Case of Gary Mark Gilmore: A Turning Point

Gary Mark Gilmore, born Faye Robert Coffman (December 4, 1940 - January 17, 1977), was an American criminal who garnered widespread international attention due to his unprecedented demand for the implementation of his own death sentence. Gilmore had admitted to committing two murders in Utah and, after his conviction, actively fought against any appeals to delay or overturn his execution. This highly unusual stance made him a pivotal figure in the reintroduction of capital punishment in the United States following the decade-long moratorium. His case came immediately after the U.S. Supreme Court's 1976 decision in Gregg v. Georgia, which upheld the constitutionality of new death penalty statutes that aimed to address the arbitrariness concerns raised by the 1972 Furman v. Georgia ruling. Prior to Gregg, Furman v. Georgia had deemed earlier death penalty statutes "cruel and unusual" punishment due to their arbitrary application, leading the Supreme Court to order all states to commute existing death sentences to life imprisonment. By demanding and ultimately receiving his execution, Gilmore became the first person executed in the United States in almost ten years, effectively ending the national de facto moratorium on capital punishment. Gilmore was executed by a firing squad on January 17, 1977, a method that is exceedingly rare in the modern era of U.S. executions. His life story and the controversial circumstances surrounding his execution captivated the public imagination and were extensively documented. They formed the basis for Norman Mailer's acclaimed 1979 nonfiction novel, The Executioner's Song, which won the Pulitzer Prize, and a subsequent 1982 television film adaptation of the novel, starring Tommy Lee Jones in his critically acclaimed portrayal of Gilmore.

Frequently Asked Questions About Capital Punishment in the United States

How many U.S. states permit capital punishment?

Currently, 27 states in the United States, along with the federal government, the military, and American Samoa, have laws that allow for capital punishment.

How many states have abolished the death penalty?

The death penalty has been abolished in 23 states across the United States.

What is an "aggravated murder" in the context of capital punishment?

Aggravated murder refers to homicides committed under specific circumstances that make them more heinous, such as the murder of a police officer, multiple victims, murder during another felony (e.g., robbery), or cases involving torture. These "aggravating circumstances" must be legally defined and proven to justify a death sentence.

What is a moratorium on executions?

A moratorium is an official or unofficial suspension of executions. This can be due to legal challenges, gubernatorial orders, or a de facto halt where executions are not carried out despite the death penalty being legal.

When were executions halted and then resumed in the U.S.?

There were no executions in the U.S. between 1967 and 1977. Executions resumed after the Supreme Court affirmed the legality of new death penalty statutes in Gregg v. Georgia in 1976.

What was the significance of Furman v. Georgia (1972) and Gregg v. Georgia (1976)?

Furman v. Georgia struck down existing death penalty statutes due to their arbitrary application, effectively halting executions nationwide. Gregg v. Georgia later affirmed the constitutionality of new, reformed death penalty statutes that provided clearer guidelines for juries, allowing executions to resume.

Has anyone on death row ever been exonerated?

Yes, since 1972, at least 185 people sentenced to death have been exonerated, meaning they were found innocent or wrongfully convicted.

Which country developed lethal injection as an execution method?

The United States was the first country to develop and implement lethal injection as a method of execution.

When did federal executions resume in the U.S. after a long pause?

Federal executions resumed on July 14, 2020, with the execution of Daniel Lewis Lee, ending a 17-year federal moratorium.