The Death Penalty in America

The debate over capital punishment, otherwise known as the death penalty, has begun once again in the wake of conservative Christian activist Charlie Kirk’s assassination. Utah prosecutors announced plans to seek the death penalty against the suspected murderer, starting a heated clash between supporters demanding justice for Kirk and critics who believe the punishment is too severe.

Capital punishment has existed in the United States for hundreds of years, evolving from colonial hangings to modern-day injections. While the methods have changed, the central question remains the same: Should the state have the legal authority to take a life?

Death Penalty in Colonial America

The first recorded execution in colonial America took place in 1608, well before the United States was officially established. While living in the English colonies, Captain George Kendall from Virginia was put to death for spying. Officials said Kendall was plotting against the British for the Spanish.

Several years later in 1612, Virginia Governor Sir Thomas Dale implemented a series of laws that allowed the death penalty to be used for minor crimes, including stealing grapes, killing chickens, or trading with Native Americans.

The first legal execution in Virginia took place in 1622, when Daniel Frank was put to death for stealing. Other colonies used capital punishment on a more limited basis. Between 1636 and 1647, the Capital Laws of New-England allowed the death penalty for a variety of crimes, including pre-meditated murder, witchcraft, adultery, idolatry, blasphemy, assault in anger, rebellion, manslaughter, and poisoning.

The New York colony established the Duke Laws of 1665, which allowed capital punishment for denial of the true God, premeditated murder, killing someone who had no weapon of defense, killing by lying in wait or by poisoning, kidnapping, striking one’s mother or father, and more.

By the American Revolution, most of the English colonies had death penalty laws, though not all the Founding Fathers agreed death was an appropriate punishment. In 1778, Thomas Jefferson cautioned against using capital punishments “which exterminate instead of reforming, and should be the last melancholy resource against those whose existence is become inconsistent with the safety of their fellow citizens…”

The Commonwealth of Massachusetts eventually limited the use of capital punishment to seven crimes: murder, sodomy, burglary, buggery, arson, rape, and treason.

Early executions were public, occasionally drawing crowds in the tens of thousands. In the mid-1800s, however, public executions were criticized as cruel, and by 1849, at least 15 states allowed the death penalty to be carried out in private.

The first state to reject the death penalty was Michigan, which abolished capital punishment in 1846, except in cases of treason against the state. Other states followed Michigan’s lead, with Rhode Island and Wisconsin abolishing capital punishment in 1852 and 1853.

By 1895, lawmakers in 18 states made capital punishment discretionary.

The 20th Century and Modern America

The electric chair, gas chamber, and firing squad were all adopted in the 20th century, with the first death by cyanide gas held in Nevada in 1924 during the execution of murderer Gee Jon.

Executions in the United States skyrocketed in the 1930s, but between 1955 and the early 1970s, opposition to the death penalty grew. By 1969, Hawaii, Alaska, Michigan, Oregon, Iowa, New York, West Virginia, New Mexico, and Vermont all ended capital punishment.

America’s use of the death penalty has steadily declined since the 1970s. Lethal injection has become the most common way convicted criminals are put to death in the US because the method is considered less violent than older approaches. Public executions ended in the United States in part due to errors made during the hanging of Rainey Bethea in 1936.

As of 2025, the following 27 states still allow capital punishment: Alabama, Arizona, Arkansas, California, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, and Wyoming.

Four of those states currently have a hold on executions ordered by their governors: California, Pennsylvania, Oregon, and Ohio.

With nearly half of US states banning the death penalty, the future of capital punishment is unclear. However, demands for the death penalty to be used against Charlie Kirk’s killer make one thing clear: Many Americans still agree with philosopher Adam Smith’s warning that “mercy for the guilty is cruelty to the innocent.”

1. Charlie Kirk’s assassination has sparked a renewed debate over the death penalty.
2. The death penalty is banned in 23 states.
3. The death penalty is also known as capital punishment.