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What States Have the Death Penalty?

Updated on July 10, 2010

The death penalty, formally known as capital punishment, is considered the highest form of punishment for a crime in the United States. Each state has an individual right to define its own criminal code and corresponding punishments, and so the use of the death penalty across the states varies. To date, 34 states have the death penalty in place, while the remaining 16 and the District of Columbia abolished the use of the death penalty at some point.

States that Have the Death Penalty

  • Alabama
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Connecticut
  • Delaware
  • Florida
  • Georgia
  • Idaho
  • Indiana
  • Illinois
  • Kansas
  • Kentucky
  • Louisiana
  • Maryland
  • Mississippi
  • Missouri
  • Montana
  • Nebraska
  • Nevada
  • New Hampshire
  • North Carolina
  • Ohio
  • Oklahoma
  • Oregon Pennsylvania
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • Virginia
  • Washington
  • Wyoming

States that Do Not Have the Death Penalty

  • Alaska (abolished in 1957)
  • Hawaii (abolished in 1948)
  • Iowa (abolished in 1965)
  • Maine (abolished in 1887)
  • Massachusetts (abolished in 1984)
  • Michigan (abolished in 1846)
  • Minnesota (abolished in 1911)
  • North Dakota (abolished in 1973)
  • New Jersey (abolished in 2007)
  • New Mexico (abolished in 2009)
  • New York (abolished in 2007)
  • Rhode Island (abolished in 1984)
  • Vermont (abolished in 1964)
  • West Virginia (abolished in 1965)
  • Wisconsin (abolished in 1853)
  • District of Columbia (abolished in 1981)

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