What states have the death penalty? The death penalty became legal again in the United States in 1976, after a moratorium of over three decades ended with a Supreme Court ruling. There are currently 31 states where the death penalty is legal, almost all of which have an active death row. States with capital punishment have executed a total of 1,404 people since 1976. Texas is responsible for over a third of these executions, with 530.
Two capital punishment states, Kansas and New Hampshire, have never had an execution. Three other states that used to have the death penalty, Illinois, Connecticut, and New Mexico; had 14 executions total before court cases made the practice against the law. There are 19 states where the death penalty is either illegal or there is no statute allowing for it.How many states have the death penalty? Here are all of the states in America that have a legal death penalty, along with the US government, which has over 60 people on its own death row.