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Capital Punishment in the States

ESLa pena de muerte en los estados
How the death penalty works in the 27 states that still allow it, the Supreme Court limits on it, execution methods, and the 2025 rise to the most executions since 2009
A remote penitentiary at dusk with stone walls, a guard tower, and razor wire

Nearly all executions in the United States are carried out by states. In Furman v. Georgia in 1972 the Supreme Court struck down death penalty laws as applied, and in Gregg v. Georgia in 1976 it allowed executions to resume under laws that guide juries' discretion. Since then more than 1,600 people have been executed, most in Texas, Oklahoma, Virginia, and Florida. About 27 states still allow the death penalty, though several have governor-imposed moratoriums, and 23 states and D.C. have abolished it, Virginia most recently in the South in 2021.

The Supreme Court has barred executing people with intellectual disabilities (2002), people who were under 18 at the time of the crime (2005), and anyone for crimes against individuals other than murder (2008). Lethal injection is the main method, but shortages of drugs led some states to adopt nitrogen gas, first used in Alabama in 2024, and the firing squad, used in South Carolina in 2025. Death row has shrunk to about 2,100 people, and new death sentences have fallen to about 25 a year.

Executions rose to 47 in 11 states in 2025, the most since 2009, led by Florida, while the Supreme Court denied every emergency request to stop one. Supporters say the death penalty delivers justice for the worst murders and deters some killers. Opponents point to more than 200 people exonerated from death row since 1973, racial disparities, high costs, and botched executions. Public support has declined from about 80 percent in the 1990s to about half.

Great Society & Rights Revolution · The Contemporary Era
Timeline
June 29, 1972
Furman v. Georgia
Death penalty laws struck down.
July 2, 1976
Gregg v. Georgia
Executions may resume.
March 1, 2005
Roper v. Simmons
No death penalty for juvenile offenders.
2025
47 executions
Most since 2009.
Profile
StatusActive
Legal basisState law, limited by the Eighth Amendment
Official sitedeathpenaltyinfo.org
Key Facts
States with death penalty About 27
States without 23 plus D.C.
Executions in 2025 47, most since 2009
Death row About 2,100 people
Exonerations since 1973 More than 200
At a Glance
Date Executions resumed after Gregg v. Georgia, July 2, 1976
Facts last checked November 3, 2026. Report a correction