3.7
United States of America
Relevant International Instruments
International Instruments
Ratification Status
ICCPR
Ratified
Second Optional Protocol to the ICCPR
Not signed
American Convention on Human Rights
Signed
Protocol to the American Convention on Human
Rights to Abolish the Death Penalty
Not signed
Status: retentionist
Legal Framework
The death penalty is retained in 38 of the 50 states. Abolitionist states include Alaska,
Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, North Dakota, Rhode
Island, Vermont, West Virginia, and Wisconsin, as well as the District of Columbia.101
The crimes that carry the death penalty vary from state to state.102 Capital punishment
is generally permitted for the crimes of murder or felony murder, and generally only
when aggravating circumstances are present in the commission of the crime, e.g.,
if there are multiple victims, if a victim was raped, or if a murder was a contract
killing. Capital punishment is permitted for some crimes other than murder, e.g., for
sexually assaulting a child. Georgia, Louisiana, and Florida allow the death penalty
as punishment for the sexual assault of a child. Oklahoma, South Carolina, and
Montana allow the death penalty for individuals convicted of repeated sexual assaults
101 Although New York’s highest court held in 2004 that the state’s death-penalty statute violates the
state constitution and is therefore invalid, the statute technically remains on the books, and the legislature
may revise the law and thereby reinstate the death penalty. One inmate remains on death row in New York.
Accordingly, New York is technically one of the 38 states in the United States in which the death penalty is
permitted, while, at the same time, the death penalty is prohibited under state law, and executions cannot
currently be carried out.
102
A complete list of capital crimes can be found at www.deathpenaltyinfo.org.
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