If you think the death penalty is a settled issue in America, you haven’t been paying attention lately. It’s a mess. Honestly, the map of where capital punishment is actually "active" looks nothing like the list of where it’s technically legal. You’ve got states like California that have hundreds of people on death row but haven't executed anyone in nearly twenty years. Then you have Florida and Texas, which are basically operating on a different planet when it comes to the pace of their execution chambers.
Right now, in early 2026, the legal landscape is shifting fast. We just came off a year in 2025 where executions spiked to levels we haven't seen in over a decade. It’s wild. While many states are trying to scrub the death penalty from their books entirely, a handful of others are doubling down, passing laws to add new crimes to the list of capital offenses or bringing back old-school execution methods like firing squads.
Where is the death penalty legal in the US? The actual list
Technically, the death penalty is legal in 27 states, plus the federal government and the U.S. military. But that number is a bit of a lie. If you live in Oregon or Pennsylvania, the law says capital punishment is okay, but the governors have put a "moratorium" on it. That basically means the machinery is paused.
Here is the breakdown of where it stands today:
📖 Related: Trump Derangement Syndrome Definition: What Most People Get Wrong
- Active States: These are the places actually carrying out executions or actively seeking them. Think Texas, Florida, Oklahoma, Alabama, Missouri, and Georgia.
- Legal but Paused (Moratoriums): California, Pennsylvania, and Oregon are the big ones here. Their governors have essentially said, "Not on my watch." Ohio is in a weird spot too; Governor DeWine has been issuing reprieves for years because they can't get the drugs, effectively creating a pause.
- Abolished States: There are 23 states that have completely scrapped it. Virginia was a massive shock when they abolished it in 2021, given they used to be second only to Texas in total executions. Others include Washington, Colorado, Maryland, and Illinois.
The Federal Flip-Flop
The federal government is its own beast. Under the Biden administration, there was a total halt. But with the start of 2025, that changed fast. The current administration lifted the moratorium, and Attorney General Pamela Bondi moved to resume federal executions. It’s a whiplash effect that has defense lawyers scrambling.
Why 2025 changed everything
If 2024 was quiet, 2025 was a roar. We saw 47 executions last year. That’s nearly double what we saw in the years prior. Why? Politics, mostly. Florida’s Governor Ron DeSantis pushed through a record number of death warrants, and the Florida Supreme Court upheld a law that allows a death sentence even if the jury isn't unanimous. They only need an 8-4 vote now. That makes Florida a total outlier.
Then you have the "new" crimes.
👉 See also: Trump Declared War on Chicago: What Really Happened and Why It Matters
- Florida passed laws making human trafficking and child rape capital offenses in certain cases.
- Tennessee and Idaho followed suit with similar laws targeting crimes against children.
- Arkansas even authorized the death penalty for certain cases of rape of a minor under 13.
The legal world is watching these closely because the U.S. Supreme Court previously ruled in Kennedy v. Louisiana (2008) that you can't execute someone for a crime where no one died. These states are basically daring the Supreme Court to change its mind.
The "How" is getting weird
It is getting harder and harder for states to get the drugs for lethal injection. Pharmaceutical companies don't want the PR nightmare. So, states are getting creative—or desperate, depending on who you ask.
Alabama made headlines by using nitrogen gas (nitrogen hypoxia) to execute Kenneth Smith in 2024. It was messy and controversial. Despite the backlash, Arkansas, Louisiana, and Mississippi have joined them in authorizing it.
✨ Don't miss: The Whip Inflation Now Button: Why This Odd 1974 Campaign Still Matters Today
Then there’s the firing squad. South Carolina carried out its first firing squad execution in fifteen years in 2025. Idaho recently made the firing squad its primary, default method if they can't get lethal injection drugs. It feels like a throwback to the 1800s, but for these states, it’s a practical solution to a supply chain problem.
What to watch for in 2026
If you’re tracking this, keep your eyes on Texas. There’s a huge case involving Robert Roberson, who was convicted based on "shaken baby syndrome"—science that many experts now say is total junk. His execution was stayed at the last second by a bipartisan group of lawmakers who literally subpoenaed him to testify so he couldn't be executed that day. It was a legendary piece of legal theater. His evidentiary hearing is set for June 2026, and it could change how "junk science" is handled in death penalty cases nationwide.
Also, watch Ohio. Governor Mike DeWine’s term runs through 2026, and he’s been the gatekeeper for years. If a more "pro-death penalty" governor takes over next, the floodgates in Ohio could open.
Actionable Insights: How to stay informed
If you want to track where the death penalty is legal in the US or get involved in the debate, here’s how to navigate the noise:
- Check the "Status" not just the "Law": Use the Death Penalty Information Center to see if a state is actually executing people. A "legal" state with a moratorium is very different from an active one.
- Follow State Supreme Court Rulings: Most of the action isn't in D.C. anymore; it’s in state capitals like Tallahassee and Austin.
- Watch the Method Debates: Legislation regarding nitrogen gas or firing squads usually signals that a state is planning to speed up its execution schedule soon.
- Local Elections Matter: District Attorneys (DAs) are the ones who decide whether to seek the death penalty in the first place. Who you vote for locally has more impact on this issue than almost anything else.
The map of the U.S. is currently a patchwork of conflicting values. Some states are sprinting away from capital punishment, while others are trying to find new ways to keep it alive. It’s not just a legal question; it’s a look into the soul of how different parts of the country view justice and retribution.