History of the Death Penalty

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The death penalty has existed in the United States since colonial times. Its history is intertwined with slavery, segregation, and social reform movements.

There are excellent sources available for those interested in the history of capital punishment. The following pages contain a brief summary of that history, with an emphasis on developments in the United States.

This chart* chronicles the United State’s use of the death penalty over the past four centuries. The chart highlights the gradual rise in use of capital punishment in the seventeenth, eighteenth, and nineteenth centuries; a peak of executions in the early 20th century; moratorium; and then the resumption of executions after moratorium.

The use of the death penalty has declined sharply in the United States over the past 25 years. New death sentences have fallen more than 85% since peaking at more than 300 death sentences per year in the mid 1990s. Executions have declined by 75% since peaking at 98 in 1999.

For a timeline of significant events in the history of the death penalty in the United States, see DPIC’s Death Penalty Timeline. For dynamic visualizations and more information on executions and new death sentences in the modern era of capital punishment, see DPIC’s Executions and Sentencing Data pages.

This video by Rob Stansfield, PhD of Sociology & Anthropology at University of Guelph, depicts the history of abolition of capital punishment in the United States, on a state by state basis, from 1846 to 2012.

*The statistics used in the chart were primarily compiled from M. Watt Espy and John Ortiz Smylka’s database, “Executions in the U.S. 1608-2002: The Espy File.” (Inter-University Consortium for Political and Social Research) Periodically, DPIC will feature additional information derived from the Espy file. See also The Espy File.

News & Developments

“ I Just Wanted…to Stay Alive”: Who was William Henry Furman, the Prisoner at the Center of a Historic Legal Decision?

Furman v. Georgia was one of the most mon­u­men­tal cas­es in American legal his­to­ry: the 1972 deci­sion over­turned every state death penal­ty statute in the coun­try and spared the lives of near­ly six hun­dred peo­ple sen­tenced to die. But the lead peti­tion­er, William Henry Furman, was lit­tle aware of his impact. Poor, Black, men­tal­ly ill, and phys­i­cal­ly and intel­lec­tu­al­ly dis­abled, he was sen­tenced to death for the killing of a home­own­er dur­ing a botched rob­bery, which he main­tains was…

New Legal Research Declares ​ “ Heightened Standards” of Due Process in Capital Cases an ​ “ Illusion”

In a new law review arti­cle, Professor Anna VanCleave of the University of Connecticut School of Law argues that the ​ “ height­ened stan­dards” of due process pro­tec­tion for cap­i­tal defen­dants, required under the Eighth Amendment, are in prac­tice no more than ​ “ a veneer of legit­i­ma­cy and pro­ce­dur­al cau­tion” that fail to vin­di­cate defen­dants’ rights. Professor VanCleave found that in the absence of clear guid­ance from the Supreme Court as to the actu­al mean­ing of ​ “ height­ened stan­dards,” lower…

As Lethal Injection Turns Forty, States Botch a Record Number of Executions

On December 7 , 1982 , Texas strapped Charles Brooks to a gur­ney, insert­ed an intra­venous line into his arm, and inject­ed a lethal dose of sodi­um thiopen­tal into his veins, launch­ing the lethal-injec­tion era of American exe­cu­tions. In the pre­cise­ly forty years since, U.S. states and the fed­er­al gov­ern­ment have put 1377 pris­on­ers to death by some ver­sion of the method. Touted as swift and pain­less and a more humane way to die — just as exe­cu­tion pro­po­nents had said near­ly a cen­tu­ry before about…

Closing the Slaughterhouse: The Inside Story of Death Penalty Abolition in Virginia

Virginia made his­to­ry in 2021 when it became the first Southern state to abol­ish the death penal­ty. Closing the Slaughterhouse: The Inside Story of Death Penalty Abolition in Virginia tells the sto­ry of the commonwealth’s jour­ney from lead­ing exe­cu­tion­er to ground­break­ing abo­li­tion­ist state. Written by jour­nal­ist, author, and anti-death penal­ty advo­cate Dale Brumfield, the book explores Virginia’s his­to­ry sur­round­ing cap­i­tal pun­ish­ment, start­ing with…

Massachusetts Formally Exonerates Last ​ ‘ Witch’ Wrongfully Condemned During Salem Hysteria. Will Connecticut Follow Suit?

As Massachusetts for­mal­ly exon­er­at­ed the last per­son con­demned for witch­craft in the colony, efforts are under way to clear the names of the 46 peo­ple wrong­ful­ly charged with witch­craft in neigh­bor­ing Connecticut dur­ing the 17 th cen­tu­ry Puritan witch