The map of the United States looks like a patchwork quilt when you start talking about capital punishment. Honestly, it’s confusing. You move one state over and the entire legal philosophy on life and death changes. As of early 2026, the divide between "death penalty states" and "abolitionist states" is wider than ever.
We’re currently seeing a weird, two-speed America. On one hand, a huge chunk of the country has completely walked away from the executioner's chair. On the other, a few states are actually revving things up, trying out new methods like nitrogen gas or bringing back the firing squad.
If you're wondering which states don't have death penalty, the answer is a list of 23 states, plus Washington D.C.
It’s not just a "blue state" thing anymore, either. While places like Massachusetts and New York have been off the list for decades, we've recently seen states like Virginia—once a leader in executions—flip the script entirely.
The 23 States Where the Death Penalty is History
Here is the current breakdown of where the death penalty has been legally abolished. It’s a long list that spans from the mid-1800s to just a few years ago.
- Alaska (Abolished in 1957)
- Colorado (Abolished in 2020)
- Connecticut (Abolished in 2012)
- Delaware (Declared unconstitutional in 2016)
- Hawaii (Abolished in 1957)
- Illinois (Abolished in 2011)
- Iowa (Abolished in 1965)
- Maine (Abolished in 1887)
- Maryland (Abolished in 2013)
- Massachusetts (Abolished in 1984)
- Michigan (The trailblazer—abolished way back in 1847)
- Minnesota (Abolished in 1911)
- New Hampshire (Abolished in 2019)
- New Jersey (Abolished in 2007)
- New Mexico (Abolished in 2009)
- New York (Declared unconstitutional in 2004)
- North Dakota (Abolished in 1973)
- Rhode Island (Abolished in 1984)
- Vermont (Abolished in 1972)
- Virginia (Abolished in 2021)
- Washington (Statute repealed in 2023)
- West Virginia (Abolished in 1965)
- Wisconsin (Abolished in 1853)
Michigan is basically the world leader here. They were the first English-speaking government on the planet to get rid of the death penalty for ordinary crimes. That was 1847. Think about that for a second. They've been without it since before the Civil War.
The Gray Area: States That Have It But Don't Use It
Just because a state has a death penalty law on the books doesn't mean they're actually using it. This is where things get "kinda" messy. There are three major states where the Governor has basically said, "Not on my watch."
California, Pennsylvania, and Oregon currently have formal moratoriums.
In California, Governor Gavin Newsom famously dismantled the execution chamber at San Quentin. There are hundreds of people on death row there, but nobody is actually moving toward an execution date. It's a stalemate. The law exists, the sentences are handed out, but the machinery is stalled.
Then you have states like Kansas or Wyoming. They have the death penalty. Juries can still vote for it. But they haven't actually executed anyone in decades. Kansas hasn't put anyone to death since 1965. For all practical purposes, they are "de facto" abolitionist, even if the law says otherwise.
Why Did Virginia Change Its Mind?
Virginia is the most shocking entry on the "no" list. For centuries, Virginia was the execution capital of the South. They’ve executed more people than almost any other state in American history.
But in 2021, everything changed.
The shift wasn't just about ethics; it was about the growing mountain of evidence regarding racial bias and the terrifying possibility of executing an innocent person. When Virginia abolished it, it sent shockwaves through the legal world. It was the first Southern state to do so. It signaled that the tide wasn't just turning in the North or the West—it was hitting the heart of the "Death Belt."
What’s Happening in 2026?
Right now, the national conversation is intense. While 23 states are out, the remaining 27 are under a lot of pressure.
In 2025, we saw a massive surge in death-penalty-related bills. Some states are trying to expand it to crimes like child rape or human trafficking. Florida, under Governor Ron DeSantis, has been particularly aggressive, moving away from the requirement of a unanimous jury for a death sentence. Now, in Florida, you only need 8 out of 12 jurors to agree.
That is a huge departure from the "beyond a reasonable doubt" standard most of us grew up with.
The Federal Flip-Flop
You can't talk about which states don't have death penalty without looking at the federal level. It’s a total pendulum. Under the Biden administration, there was a moratorium. But as we've moved into 2026, the federal government has signaled a return to executions for specific federal crimes, particularly those involving the murder of law enforcement or crimes committed by undocumented individuals.
It’s a whiplash effect for the legal system. One year it’s a pause; the next, it’s full steam ahead.
Public Opinion is Hitting Lows
Here is the kicker: Even as some politicians push for more executions, the public is moving the other way.
According to Gallup polls from late 2025, support for the death penalty has hit its lowest point in over 50 years. Only about 52% of Americans say they favor it. Among people under 35? That number drops to 41%.
Younger generations just don't see it as a deterrent. They see the costs—legal fees for death penalty cases are astronomical compared to life without parole—and they see the 200+ people who have been exonerated from death row since 1973. That’s 200 people who were almost killed by the state for crimes they didn't commit.
That's a lot of "oops" for a permanent punishment.
The Actionable Reality
If you live in a state that still has the death penalty and you want to know where it stands, check your local legislative calendar. States like Ohio and Oklahoma are currently the biggest battlegrounds. There are active, bipartisan coalitions in both states—often led by conservative lawmakers who view the death penalty as an example of "big government overreach"—working to move them into the abolitionist column.
If you’re tracking this for legal or advocacy reasons, keep an eye on:
- Jury Unanimity Laws: Watch if more states follow Florida’s lead in ditching the 12-0 requirement.
- Method Challenges: With lethal injection drugs becoming harder to get, look for more states to authorize nitrogen hypoxia or firing squads.
- The "Innocence Factor": New DNA evidence continues to trickle in for cases from the 80s and 90s. Every new exoneration usually triggers a fresh wave of abolition bills in that state's capital.
The map of which states don't have death penalty isn't finished. It’s a living document. Whether it grows or shrinks in the next few years depends entirely on whether the "tough on crime" surge of 2025-2026 outweighs the long-term trend of skepticism and the fear of getting it wrong.
For now, if you're in the 23, the state has no power to take a life. In the other 27, it's a very different story.