The Death Penalty In 2022: The States & Crimes
Over the years, the debate about capital punishment, or the death penalty, has arisen with more extreme views and opinions. While there are arguments both for and against the death penalty, it’s important to understand where the death penalty is still in place and what crimes may result in the death penalty. So, which states have the death penalty, and what crimes result in the death penalty?
There are 24 states in the United States of America still actively have the death penalty. Only people convicted of committing capital crimes and offenses are eligible to receive the death penalty. These crimes include murder, espionage, war crimes, crimes against humanity, genocide, and treason.
Additionally, there are 3 states who are currently in a moratorium on the death penalty and 23 states where the death penalty is inactive.
Now that we have some basic information, let’s dive into why these states have chosen to continue the punishment, which individuals can be sentenced to the punishment, and what happens when individuals are sentenced to death row. So, if you are curious about whether your state still has the death penalty, keep reading! At the end of the article, you will have more information about the death penalty and potentially form your own opinion about its use.
What Is The Death Penalty?
The death penalty, also known as capital punishment, is a government-sanctioned punishment for certain capital crimes. If someone is convicted and given the death penalty, they will be executed. There are a few different means of executing the death penalty, including lethal injection, electrocution, gas chamber, hanging, and firing squad.
Lethal injection is the most widely used form of the death penalty, being the primary form in 31 states. It is the practice of injecting one or more drugs into a person, typically including a barbiturate, paralytic, and potassium solution, as a means of causing death. These three drugs will be used to first, sedate the inmate, paralyze the inmate, and finally stop the heart.
There have been debates recently about using lethal injection because of some botched executions. The drugs for lethal injection have become increasingly more difficult to obtain, which is why the other forms of the death penalty are still in existence.
Which States Have the Death Penalty and Why?
The list of states that still have the death penalty include: Montana, Idaho, Wyoming, South Dakota, Indiana, Ohio, Nevada, Nebraska, Missouri, Kentucky, Utah, Kansas, Arkansas, Tennessee, North Carolina, South Carolina, Arizona, Oklahoma, Louisiana, Mississippi, Alabama, Georgia, Texas, and Florida.
Most of these states, as well as individuals who believe in the death penalty, still use it as a form of punishment because it costs less than life imprisonment and reduces crowding in prisons, deters crime, and preserves law and order. They also argue that this punishment honors the victim helps to console the grieving families of victims and ensures that the perpetrators never have an opportunity to commit such a crime again.
Why Are Some States in a Moratorium With the Death Penalty?
There are 3 states currently in a governor-imposed moratorium on the death penalty. They are California, Oregon, and Pennsylvania. Governor-imposed moratoriums are due to the belief that the death penalty is racially discriminatory, fiscally irresponsible, presents a risk of executing an innocent, and in some states, too many lethal injections have been botched.
Over the years, litigation has arisen because of executing innocent inmates and executions that many considered to be “cruel and unusual” because they did not work properly in managing pain or making the death quick. A moratorium doesn’t necessarily mean that the death penalty will never be reinstated, rather there is an extensive review of the efficacy of the punishment, and sometimes it may be up to a vote with the public.
What Crimes Result in the Death Penalty?
The death penalty is supposed to be reserved for the worst of the worst crimes. Originally, this meant murder, rape, armed robbery, treason, espionage, and other crimes that resulted in death. Nowadays, crimes that result in the death penalty are largely left up to the state’s discretion; however, it is almost exclusively for the crime of murder.
Depending on the state, some death penalty laws encompass nearly all murders rather than reserving it for a small subset of murders. Prisoners argue that the circumstances that make a crime eligible for the death penalty are too broad. For example, in a bank robbery where a bystander or employee is killed, the unarmed accomplices may face a murder charge even though they didn’t directly kill the person.
When it comes to determining which crimes result in the death penalty, it is largely up to the state laws where the trial is being held, as well as the jury and judge presiding over the case.
What Happens When Someone is Sentenced to the Death Penalty?
At the conclusion of the trial, sentencing will occur. Once the jury or judge has come to the conclusion that the death penalty should be the punishment, the defendant is considered to be on “death row.” This term refers to incarcerated persons who have been sentenced to death and are awaiting their execution.
Inmates on death row typically spend more than a decade on death row. The long length of time on death row is largely due to the appeals process in the courts, scheduling for the execution, and other outside factors – such as the litigation of lethal injection and whether or not it is constitutional.
For the prisoners who are on death row, they are subjected to what amounts to solitary confinement for the majority of every day, as well as the uncertainty of when their execution will actually happen. The isolation and uncertainty can greatly impact the prisoners and lead to deterioration in their health and mental statuses.
Why People Agree With the Death Penalty
Capital punishment has long been a highly debated topic, centered around the question of whether or not it is “cruel and unusual.” While determining if the death penalty is constitutional or not is important – that is up to the Supreme Court to decide. The rest of the argument is up to the public, with several other pros and cons that push people to believe one way or the other.
Proponents of the death penalty believe that it is important for protecting and preserving law and order. They argue that it deters crime and is more fiscally responsible because it costs less than life imprisonment. Many believers think that the death penalty helps to console the victim’s family and ensures that the perpetrators of such crimes can never commit something like this again.
Why People Disagree With the Death Penalty
Opponents of the death penalty believe that it has no deterrent effect on crime, that it perpetuates social injustices by disproportionately targeting people of minorities and those who cannot afford good representation, and that life imprisonment is a harsher sentence and costs less than the punishment of death. There has also been a history of putting to death inmates who were later discovered to be innocent.
Conclusion
Truth be told, each side of the death penalty argument does have some strong arguments. It can be difficult to decide which side you are on – which is true for the juries who are chosen to participate in potential death penalty cases as well.
My greatest piece of advice is for you to do your own research on the death penalty. Look at your state, compare the cost of the death penalty to life imprisonment, look at the number of inmates who were executed that later turned out to be innocent, and anything else you feel is important to decide whether you think the death penalty should be a punishment, or not.
Related Questions
What Is the Role of the Jury In Death Penalty Cases?
While the jury selection for any case is never the easiest thing in the world, selecting the jury for capital cases is even more difficult. Potential jurors in capital cases must answer a series of questions on their view of the death penalty to determine whether they will be able to follow the law in deciding what sentence to impose.
A person on a capital jury must be willing to consider all the sentencing options, which typically include life imprisonment without parole or death. If for some reason one side believes that a potential juror’s view or answer to one of these questions leaves them incapable of considering all options, they will be stricken from the jury pool.
Generally, in capital cases, the jury must be unanimous in sentencing the defendant to death. If they are unable to unanimously agree on a sentence, the judge can declare the jury deadlocked and will impose a lesser sentence of life without parole. There are a few cases where the judge can still impose the death penalty, but it is less likely.
