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Discuss when the last execution was, if there is a governor’s moratorium on execution, and what is the status of any pending executions.

Assignment Brief

Criminal Law

Discuss when the last execution was, if there is a governor’s moratorium on execution, and what is the status of any pending executions. If your state does not have the death penalty, did it ever have the death penalty and when was it removed from the state’s law.

Note that the website has a general information tab as the home page, but there is a section for state-by-state information.

This assignment also counts for your written homework. You will give a one to two page report to me on what you learned about the death penalty through your research and reviewing your peers information.

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Sample Answer

The Death Penalty in the United States

Introduction

The death penalty remains one of the most debated areas of criminal law in the United States. While some states continue to carry out executions, others have abolished the practice entirely or introduced moratoriums that temporarily halt executions. This report explores when the last executions have taken place, whether moratoriums exist, and the status of pending executions. It also reflects on what can be learned from examining the current use of capital punishment across different states.

Discussion and Findings

Recent Executions in the United States

Executions in the United States still occur, but they are concentrated in a small number of states. In recent years, there has been a noticeable decline compared to earlier decades, although there have been some fluctuations. For example, in 2025 there were 47 executions across 11 states, showing that capital punishment is still actively used in certain regions.

However, many states that still legally allow the death penalty have not carried out executions for several years. This suggests that, even where it remains legal, it is often not actively enforced.

Governor’s Moratoriums on Executions

A key development in modern criminal law is the use of moratoriums. A moratorium is a temporary suspension of executions, usually ordered by a governor or legal authority.

Several major states currently have moratoriums in place. For example, California has had a moratorium since 2019, meaning that no executions can take place despite the death penalty still being part of state law. Similarly, Pennsylvania and Oregon also have ongoing moratoriums, and Ohio has effectively paused executions due to practical issues such as obtaining lethal injection drugs.

At the federal level, a moratorium was introduced in 2021 by the Attorney General, reflecting concerns about fairness, racial bias, and wrongful convictions.

These moratoriums show a shift in how the death penalty is viewed. While not fully abolished, its use is increasingly restricted.

Status of Pending Executions

In states where the death penalty is still active, there are individuals on death row awaiting execution. However, many of these executions are delayed for years or even decades due to legal appeals, ethical concerns, and practical issues.

For instance, in Ohio, multiple executions have been postponed, with some rescheduled as far ahead as 2028.

This highlights a key issue with the death penalty system. Even when courts sentence individuals to death, the actual execution is often uncertain and significantly delayed. This creates a situation where many prisoners remain on death row for long periods without a clear outcome.

States Without the Death Penalty

A significant number of U.S. states have completely abolished the death penalty. Currently, 23 states no longer allow capital punishment.

Some states abolished it relatively recently. For example, Colorado removed the death penalty in 2020, while others such as Michigan abolished it as far back as 1847.

In states where it has been abolished, courts now use life imprisonment as the maximum punishment for serious crimes. This reflects a broader shift in attitudes towards punishment and human rights.

Yes, but only in some states. Many states either don’t use it or have paused executions.

It’s a temporary stop on executions, usually decided by a governor.

Because of legal appeals, ethical concerns, and practical issues like obtaining drugs.

Around 23 states have completely abolished it.

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