The Death Penalty in the United States: A State-by-State Analysis

Capital punishment remains one of the most polarizing issues in American criminal justice. While 23 states have abolished the death penalty, 27 states and the federal government still retain it as a legal punishment for certain crimes. This article examines the current status of the death penalty across the U.S., analyzes regional trends, and explores the legal, racial, and political factors shaping its application. Data from the Death Penalty Information Center (DPIC), the Bureau of Justice Statistics, and academic studies inform this analysis.

States with Active Death Penalty Laws (2023)

As of 2023, 27 states authorize capital punishment, though not all actively carry out executions. These include:

• Southern States: Texas, Florida, Georgia, Alabama, Oklahoma, Mississippi, Arkansas, Tennessee, South Carolina, North Carolina, Kentucky, Louisiana, and Missouri.

• Western States: Arizona, Idaho, Montana, Nevada, Utah, Wyoming, and California.

• Midwestern States: Ohio, Indiana, Nebraska, and Kansas.

• Northeastern States: None (All Northeastern states have abolished the death penalty).

Federal jurisdiction and the U.S. military also permit capital punishment, though federal executions are rare and require approval from the Attorney General.

Key Trends and Data

1. Declining Use of the Death Penalty

• Execution Rates: Executions have dropped by 85% since peaking in 1999 (98 executions) to just 18 in 2022. Texas, Oklahoma, and Missouri account for 60% of executions since 2010.

• Death Sentences: New death sentences fell from 315 in 1996 to 21 in 2022, reflecting prosecutorial reluctance and jury skepticism.

2. Geographic Disparities

• The South accounts for over 80% of U.S. executions since 1976. Texas alone has executed 583 people, more than the next six states combined.

• California has the largest death row population (665 inmates) but has not executed anyone since 2006 due to legal challenges.

3. Racial and Economic Inequities

• Racial Bias: 43% of death row inmates are Black, despite Black Americans constituting 13% of the population. Cases involving white victims are 7x more likely to result in death sentences (DPIC, 2020).

• Wrongful Convictions: Since 1973, 190 death row inmates have been exonerated, often due to DNA evidence or prosecutorial misconduct.

4. Legislative Shifts

• Abolitionist Movements: Virginia (2021), Colorado (2020), and New Hampshire (2019) recently abolished capital punishment.

• Execution Methods: 28 states use lethal injection, but drug shortages have led some to revive older methods (e.g., Oklahoma’s nitrogen hypoxia proposal).

States with De Facto Moratoriums

Several states retain the death penalty in law but have not carried out executions in over a decade:

• Pennsylvania: Last execution in 1999; Governor Tom Wolf imposed a moratorium in 2015.

• Oregon: Governor Kate Brown commuted all death sentences in 2022.

• California: Governor Gavin Newsom halted executions in 2019, citing systemic flaws.

These states exemplify a growing "symbolic retention" trend, where capital punishment exists legally but is politically unpalatable.

Federal Death Penalty: A Contested Tool

The federal government has executed 16 individuals since 1988, including 13 under the Trump administration (2020–2021). Critics argue federal executions disproportionately target minorities and politicize justice. President Biden pledged to abolish the federal death penalty but has yet to take legislative action.

Public Opinion and Future Outlook

• Support for Alternatives: 60% of Americans prefer life without parole over execution (Gallup, 2023).

• Partisan Divides: 77% of Republicans support the death penalty vs. 46% of Democrats (Pew Research, 2022).

• Judicial Interventions: Supreme Court rulings (e.g., Glossip v. Gross on lethal injection drugs) continue to shape state protocols.

Conclusion

The U.S. death penalty landscape is marked by stark regional divides, racial inequities, and declining usage. While 27 states retain capital punishment, its practical application is increasingly confined to a handful of Southern states. Legislative reforms, exoneration data, and shifting public attitudes suggest a continued decline, though abolition remains a contentious, state-driven battle. As costs, ethics, and efficacy debates persist, the death penalty’s future hinges on political will and judicial accountability.