The "death penalty," also known as capital punishment or execution is form of punishment in 32 states, and this includes the federal and military legal systems.

The application of the death penalty is limited by the Eighth Amendment to the United States Constitution and applies to aggravated murders that are committed by adults who are not mentally incompetent.

Capital punishment was enforced by all American colonies before the Declaration of Independence. While this method of punishment has ranged from firing squads, to burnings, breaking on the wheel, electrocution, gassing, and bludgeoning, hanging was the most common method. Today, lethal injection is the method of choice in all of the 32 states that hand down the death penalty.

Capital punishment is a highly controversial issue. The Innocence Project works aggressively to free wrongfully convicted prisoners, many of which are death row inmates who are being exonerated based on newly available DNA evidence.

Abolishing that Death Penalty

Currently, the District of Columbia and 18 states struck down the death penalty by a court ruling, these include: Michigan, Wisconsin, Maine, Minnesota, Alaska, Hawaii, Vermont, Iowa, West Virginia, North Dakota, Massachusetts, Rhode Island, New Jersey, New York, New Mexico, Illinois, Connecticut, and Maryland.

Vermont does, however, enforce the death penalty for treason. The above states can enforce the death penalty for offenses that were committed before the repeal. Meaning, abolition of the death penalty is not retroactive.

In 2013, a total of 39 people were executed in the United States, and over 3,000 were on death row. States such as Texas, Arizona, Florida, Ohio, and Oklahoma are in the practice of executing convicted murderers. Of the states that enforce the death penalty, Texas has performed more executions than any other state.

If you, or someone you love is facing the possibility of the death penalty, you are urged to use our directory to find a qualified criminal defense lawyer who can help!