Death Penalty Facts by State

ALABAMA

  • Sentence is recommended by the jury but determined by the trial court judge.
  • Execution dates are set by the state Supreme Court.
  • Citizen witnesses are not allowed.
  • Executions are scheduled for 6 pm at the Holman Correctional Facility near Atmore. The default method is lethal injection, although inmates sentenced to death prior to 2002 may opt for electrocution.
  • Clemency or commutation is a decision by the governor.

ALASKA

  • Alaska does not have a death penalty.

ARIZONA

  • Sentence is decided by the trial court judge.
  • Execution dates are set by the state Supreme Court.
  • Twelve citizen witnesses are required.
  • Clemency or commutation is a decision by both the parole board and the governor.
  • Executions are carried out at 3 pm at the Arizona State Prison at Florence. The default method is lethal injection, although an inmate sentenced to death prior to 1993 may opt for lethal gas.

ARKANSAS

  • Sentence is decided by the jury.
  • Execution dates are set by the Governor.
  • Clemency or commutation is a decision by the governor.
  • Executions are carried out by lethal injection (with electrocution as an option for inmates sentenced prior to July, 1983) at 9 pm at the Cummins Prison in Varner.

CALIFORNIA

  • Sentence is decided by the trial court judge.
  • Execution dates are set by the trial court judge.
  • Clemency or commutation is a decision by the governor.
  • Executions are carried out by lethal injection (or lethal gas, if the inmate requests it) at San Quentin State Prison.

COLORADO

  • Sentence is decided by the trial jury.
  • Execution dates are set by the trial court judge.
  • Clemency or commutation is a decision by the governor.
  • Executions are carried out at a secret time during the week designated on the warrant at the Colorado State Penitentiary in Canon City. The method used is lethal injection.

CONNECTICUT

  • Sentence is decided by the jury.
  • Clemency or commutation is a decision by the parole board.
  • Executions would be carried out by lethal injection in the Osborn Correctional Facility in Somers.

DELAWARE

  • Sentence is recommended by the jury but decided by the trial court judge.
  • Clemency or commutation is a decision by both the parole board and the governor.
  • Executions are carried out by lethal injection at the Delaware Correctional Center in Smyrna.
  • Relatives of the homicide victim and the condemned inmate as well as police officials are allowed to witness the execution. Citizens are not allowed to serve as witnesses.

DISTRICT OF COLUMBIA

  • D.C. does not have a death penalty.

FLORIDA

  • Sentence is recommended by the jury but decided by the trial court judge.
  • Execution dates are set by the Governor.
  • Victim witnesses are allowed.
  • Citizen witnesses are allowed.
  • Executions are scheduled for 6 pm.
  • Execution is by lethal injection (or electrocution, if the inmate opts for it) at the Florida State Prison in Starke.
  • Clemency or commutation is a decision by both the parole board and the governor.

GEORGIA

  • Sentence is recommended by the jury.
  • Execution dates are set by the trial court judge.
  • Clemency or commutation is a decision by the parole board.
  • Executions are carried out by lethal injection at the Georgia Diagnostic Prison in Jackson.

HAWAII

  • Hawaii does not have a death penalty.

IDAHO 

  • Sentence is decided by the trial court judge.
  • Execution dates are set by the trial court judge.
  • Clemency or commutation is a decision by the parole board.
  • Executions are carried out by lethal injection at the Idaho Maximum Security Institution in Boise.
  • Witnesses include media, law enforcement officials and a spiritual advisor chosen by the inmate; victim witnesses are not allowed.

ILLINOIS

  • Sentence is decided by the jury.
  • Execution dates are set by the state Supreme Court.
  • Clemency or commutation is a decision by the governor.
  • Executions are carried out by lethal injection at the Tamms Correctional Center.

INDIANA

  • Sentence is recommended by the jury but decided by the trial court judge.
  • Execution dates are set by the state Supreme Court.
  • Clemency or commutation is a decision by both the parole board and the governor.
  • Executions are carried out by lethal injection at the Indiana State Prison in Michigan City.
  • The condemned inmate gets to choose all of the witnesses to their execution.

IOWA

  • Iowa does not have a death penalty.

KANSAS

  • Sentence is decided by the jury
  • Clemency or commutation is a decision by the governor.
  • Executions would be carried out by lethal injection at the Lansing Correctional Facility. Death row is at the El Dorado Correctional Facility.

KENTUCKY

  • Sentence is decided by the jury.
  • Execution dates are set by the Governor.
  • Clemency or commutation is a decision by the governor.
  • Executions are carried out the Kentucky State Penitentiary in Eddyville by lethal injection (electrocution is an alternative for inmates sentenced to death prior to 1998).

LOUISIANA

  • Sentence is decided by the jury.
  • The district judge signs a death warrant 30-45 days in advance of the execution.
  • The governor may grant clemency or commute the sentence, under advisory from the Board of Pardons.
  • Executions are carried out by lethal injection at the Angola State Penitentiary at 6 pm.
  • Relatives of the homicide victim are allowed to witness the execution.

MAINE

  • Maine does not have a death penalty.

MARYLAND

  • Sentence is decided by the jury
  • Execution dates are set by the trial judge, which is actually a week long period in which the Director of the Department of Corrections can set a specific date and time, which is kept secret.
  • Clemency or commutation is a decision by the governor.
  • Executions are carried out by lethal injection at the Maryland State Penitentiary in Baltimore.

MASSACHUSETTS

  • Massachusetts does not have a death penalty.

MICHIGAN

  • Michigan does not have a death penalty.

MINNESOTA

  • Minnesota does not have a death penalty.

MISSISSIPPI

  • Executions are scheduled for 6 pm at the Parchman Prison complex. Lethal injection is the only method available.

MISSOURI

  • Sentence is decided by jury. 
  • Execution dates are set by the state Supreme Court.
  • Eight citizen witnesses are required.
  • Executions are conducted by lethal injection at the Potosi Correctional Center in Mineral Point and are scheduled for 6 pm.
  • The governor has the sole authority to grant clemency.

MONTANA

  • Execution dates are set by the trial court judge.
  • Executions are carried out by lethal injection at the state prison in Deer Lodge.

NEBRASKA

  • Execution dates are set by the state Supreme Court
  • Clemency is decided by the Board of Pardons, a three person committee
    made up of the governor, the attorney general, and the secretary of state
  • Executions are carried out by electrocution at the Nebraska State Penitentiary in Lincoln.

NEVADA

  • Sentence is decided by jury. 
  • Executions are carried out by lethal injection at the state penitentiary in Carson City.

NEW HAMPSHIRE

NEW JERSEY

  • Sentence is decided by jury. 
  • Execution dates are set by the trial court judge.
  • Executions would be conducted by lethal injection at the Trenton State Prison.

NEW MEXICO

NEW YORK

NORTH CAROLINA

  • Sentence is decided by jury. 
  • The governor has the sole authority to grant clemency.

NORTH DAKOTA

  • North Dakota does not have a death penalty.

OHIO

  • Execution dates are set by the state Supreme Court.
  • The governor has the power to grant clemency or commute a death sentence.
  • Executions are carried out by lethal injection at 10 am at the Southern Ohio Correctional Facility in Lucasville.

OKLAHOMA

  • Execution dates are set by the state Court of Criminal Appeals.
  • Citizen witnesses are not allowed.
  • Executions are carried out by lethal injection at the Oklahoma State Penitentiary in McAlester at 9 pm.

OREGON

PENNSYLVANIA

  • Execution dates are set by the Governor.
  • The Governor has the power to grant clemency or commute a death sentence.
  • Executions are carried out by lethal injection at the Rockview State Prison near Bellefonte, typically at 10 pm (however, the PA Dept of Corrections director is free to specify a time).

RHODE ISLAND

  • Rhode Island does not have a death penalty.

SOUTH CAROLINA

  • Execution dates are set by the state Supreme Court.
  • Executions are scheduled for 6 pm at the Broad River Correctional Center.
  • The inmate may choose between lethal injection and electrocution. If they fail to choose, lethal injection will be the default method.

SOUTH DAKOTA

  • Executions will take place at the South Dakota State Penitentiary in Sioux Falls
  • Execution warrant is issued by the trial court judge, which sets a week in which the execution is to take place. Statutes require the warden of the South Dakota State Penitentiary to set the date and time within the scheduled week for the execution to be carried out. Statutes further require the warden to keep the date and time a secret until no less than 48-hours prior to the execution.
  • Executions in South Dakota will take place by lethal injection. (See footnote 1).
  • The Governor has sole authority to grant clemency or commute a death sentence. The governor may receive a non-binding recommendation as to clemency or commutation from the state board of pardons; but is under no legal obligation to abide by a board's recommendation.
    • (1 Governor Mike Rounds issued a reprieve to condemned inmate Elijah Page, just hours from when Page's execution was to be carried out. Page had formally dropped all of his appeals and asked his sentence be carried out. The governor's action postponed South Dakota's first scheduled execution in some 69 years. Rounds issued the reprieve out of fear that the planned three-drug injection protocol that was to be used on Page would have violated the South Dakota death penalty statute, which prescribes that only a two-drug protocol be used in carrying out an execution. Rounds reprieve will last for 12 months. It is anticipated that state legislators will update the state's death penalty protocol sometime during the South Dakota Legislature's regular session, beginning in January 2007).

TENNESSEE

  • Execution dates are set by the state Supreme Court.
  • Executions are carried out in the early morning hours at the River Bend State Prison near Nashville.
  • The default method is lethal injection, though inmates sentenced to death prior to 1999 may opt for electrocution.
  • Relatives of the homicide victim and the condemned inmate may both witness the execution.

TEXAS

  • Sentence is determined by the jury.
  • Execution dates are set by the trial court judge.
  • Up to five witnesses are allowed on behalf of the victim.
  • Citizen witnesses are not allowed.
  • Executions are scheduled for 6 pm at the "Walls" Unit of the TDCJ in downtown Huntsville.
  • Execution is by lethal injection.
  • Clemency or commutation is a decision by both the parole board and the governor.

UTAH

VERMONT

  • Vermont does not have a death penalty.

VIRGINIA

  • Execution dates are set by the trial court judge.
  • At least six citizen witnesses are required. Relatives of the homicide victim are allowed, relatives of the condemned inmate are barred from witnessing.
  • Executions are scheduled for 9 pm at the Greensville Correctional Center near Jarratt.
  • The inmate may choose to be executed by lethal injection or electrocution. If they fail to make a choice, lethal injection is the default method.
  • Clemency or commutation is a decision by the governor.

WASHINGTON

  • Death sentences are issued by the trial jury.
  • The 5 member Board of Clemency and Pardons hears petitions and recommends to the Governor whether they should be granted or denied.
  • The inmate may opt to be executed by hanging or lethal injection at the Washington State Penitentiary in Walla Walla. If the inmate fails to choose, lethal injection is the default method.
  • Witnesses to the execution will include:

    a - at least five media representatives, with consideration to be given to news organizations serving communities affected by the crimes or by the commission of the execution of the defendant;
    b. Judicial officers;
    c. Representatives of the families of victims;
    d. Representatives from the family of the inmate sentenced to death; and
    e. Up to 2 law enforcement representatives. The chief law enforcement officer of the jurisdiction where the crime was committed shall designate the law enforcement representatives
  • Executions are typically carried out in Washington State just after midnight.

WEST VIRGINIA

  • West Virginia does not have a death penalty.

WISCONSIN 

  • Wisconsin does not have a death penalty.

WYOMING

  • Executions are carried out by lethal injection at the Wyoming State Penitentiary at Rawlins.
  • The condemned inmate gets to choose all witnesses present at the execution.

Notes

Of the 38 states that have capital punishment, 37 require law enforcement and media officials to witness the executions. At least 16 states have a requirement that civilians with little or no connection to the crime also be present when convicted criminals are put to death.