The map of the United States is basically a patchwork quilt when it comes to the death penalty. Honestly, you'd think something as weighty as the state taking a life would be a bit more uniform, but it isn't. As of early 2026, the count stands firm: 23 states plus the District of Columbia have fully wiped capital punishment off their books.
It’s a weird mix. You've got Michigan, which ditched the gallows back in 1847, and then you have Virginia—the state that has performed more executions than almost any other—which only pulled the plug on the practice in 2021.
Why the sudden shift in places like the South? Or why does a state like California keep the death penalty in its laws but hasn't actually executed anyone since 2006? It's complicated. It's about money, botched procedures, and a growing fear that the system is just too broken to be trusted with the ultimate "oops."
The List: Every State Without the Death Penalty
If you're looking for the hard data, here it is. These are the states that do not have capital punishment as of 2026, listed by the year they officially moved away from it.
- Michigan (1847): The pioneer. They haven't had it since before the Civil War.
- Wisconsin (1853): Followed Michigan quickly.
- Maine (1887): An early adopter of abolition.
- Minnesota (1911): Their last execution was a bit of a mess in 1906, which helped push them over the edge.
- Alaska (1957): Abolished it while still a territory.
- Hawaii (1957): Same as Alaska, ditched it before statehood.
- Iowa (1965): Part of a mid-century wave of reform.
- West Virginia (1965): Another mid-century addition.
- North Dakota (1973): Replaced it with life sentences.
- Rhode Island (1984): Formally removed it in the 80s.
- Massachusetts (1984): Their Supreme Judicial Court ruled it unconstitutional.
- New Jersey (2007): The first state to legislatively abolish it since the Supreme Court brought it back in the 70s.
- New Mexico (2009): Repealed by Governor Bill Richardson.
- Illinois (2011): Following several high-profile exonerations.
- Connecticut (2012): Replaced it with life without parole.
- Maryland (2013): Governor Martin O'Malley signed the repeal.
- Delaware (2016): Struck down by their state Supreme Court.
- Washington (2018): Their Supreme Court called it "arbitrarily applied."
- New Hampshire (2019): The legislature overrode a governor's veto to end it.
- Colorado (2020): Governor Jared Polis signed the bill and commuted existing sentences.
- Virginia (2021): The first Southern state to cross the line.
- Vermont: Strictly speaking, they’ve been an abolitionist state in practice for decades, formally removing it in the 60s and 70s.
- New York: While it was "reinstated" in 1995, the state’s high court effectively killed it in 2004.
The "Sort Of" States: Moratoriums and Legal Limbo
You can't just look at the "abolished" list and get the whole story. Some states still have the law but aren't using it.
Take California. They have the largest death row in the country. Hundreds of people. But Governor Gavin Newsom issued a moratorium years ago. He basically said, "Not on my watch." So, while it's technically legal, nothing is happening. Pennsylvania and Oregon are in similar boats with governor-issued pauses.
Then there’s the drug problem. Not the illegal kind—the legal kind.
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Pharmaceutical companies don’t want their brands associated with "killing machines." They've blocked states from using their drugs for lethal injections. This has sent states like South Carolina and Idaho scrambling to bring back the firing squad or testing out nitrogen gas, like Alabama did recently. It’s a mess.
Why Did Virginia Change Its Mind?
Virginia is the big one. If you look at the history of states that do not have capital punishment, Virginia’s 2021 decision was the earthquake. Since 1608, they had executed more people than any other state except Texas.
So why stop?
Politics played a part, sure. But there was a deeper shift in the conversation. People started looking at the racial disparities. They looked at the cost—it's actually way more expensive to execute someone than to keep them in prison for life because of the endless (and necessary) appeals.
The Evolving "Standard of Decency"
The Supreme Court uses this phrase: "evolving standards of decency." Basically, it means that what was okay in 1800 isn't necessarily okay now.
In Atkins v. Virginia (2002), they said you can’t execute people with intellectual disabilities. In Roper v. Simmons (2005), they said no executing anyone who was under 18 when the crime happened. The circle of who the state is "allowed" to kill is getting smaller and smaller.
Most people think the death penalty is about "eye for an eye." But for many states, it has become a question of whether the government is capable of being 100% right. Since 1973, over 190 people have been exonerated from death row. That's a terrifying statistic. If you're a state legislator, that number keeps you up at night.
What Happens Next?
If you're following the news in 2026, keep an eye on Ohio and Pennsylvania. There are serious movements in both states to move from "moratorium" to "full abolition."
There's also a weird trend where some states are trying to expand the death penalty for things like child rape—Florida and Tennessee have been pushing this. It’s a direct challenge to the Supreme Court's 2008 ruling in Kennedy v. Louisiana, which said the death penalty should be reserved for crimes where someone actually died.
Actionable Insights for Following the Issue:
- Check the "Execution Database": Organizations like the Death Penalty Information Center (DPIC) keep a live tally. If you see a state hasn't executed anyone in 10+ years despite having the law, they are likely in a "de facto" moratorium.
- Watch the Courts, Not Just the Governors: In states like Washington and Delaware, it wasn't the politicians who ended the death penalty—it was the judges. State Supreme Courts are becoming the new battleground for abolition.
- Follow the Money: Look at state budget reports. The cost of maintaining a death row, paying for specialized defense attorneys, and the decades of litigation is often the secret reason why conservative "tough on crime" states start looking for the exit.
The trend is clearly moving toward a smaller map. Whether the federal government ever follows suit is the big, looming question that nobody has a straight answer for yet.