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| Arizona 1,2 | New Hampshire 8 | Alabama | Delaware 1,3 | Idaho 1,9 | Arizona 1,2 |
| Arkansas 1,4 | New Jersey | Arkansas 1,4 | New Hampshire 8 | Oklahoma 6 | California 1,5 |
| California 1,5 | New Mexico | Florida 12 | Washington 1 | Utah 1 | Maryland 7 |
| Colorado | New York | Georgia | Missouri 1 | ||
| Connecticut | North Carolina | Kentucky1,11 | Wyoming 10 | ||
| Delaware 1,3 | Ohio 1 | Nebraska | |||
| Idaho 1,9 | Oklahoma 6 | Ohio 1 | |||
| Illinois | Oregon | Oklahoma 6 | |||
| Indiana | Pennsylvania | South Carolina 1 | |||
| Kansas | South Carolina 1 | Tennessee 13 | |||
| Kentucky 1,11 | South Dakota | Virginia 1 | |||
| Louisiana | Texas | ||||
| Maryland 7 | Utah 1 | ||||
| Mississippi | Virginia 1 | ||||
| Missouri 1 | Washington 1 | ||||
| Montana | Wyoming 10 | ||||
| Nevada | U.S. Military 14 | ||||
| Tennessee 13 |
Note: The method of execution of Federal prisoners is lethal injection, pursuant to 28 CRR, Part 26. For offenses under the Violent Crime Control and Law Enforcement Act of 1994, the method is that of the State in which the conviction took place, pursuant to 18 USC 3596. If the state has no death penalty, the inmate will be transferred to another state.
1.Authorizes two methods of execution.
2.Arizona authorizes lethal injection for persons sentenced after 11/15/92; those sentenced before that date may select lethal injection or lethal gas.
3.Delaware authorizes lethal injection for those whose capital offense occurred after 6/13/86; those who committed the offense before that date may select lethal injection or hanging.
4.Arkansas authorizes lethal injection for persons committing a capital offense after 7/4/83; those who committed the offense before that date may select lethal injection or electrocution.
5. When lethal gas was challenged in Fierro v. Gomez, 77 F. 3d 301 (1996), the Ninth Circuit held this method of execution unconstitutional. Subsequently, the U.S. Supreme Court remanded the case for reconsideration in light of California changing its statute to provide that lethal injection be administered unless the inmate requests lethal gas. The Ninth Circuit, on remand, held that since Fierro had not chosen lethal gas, his claim was moot. However, the court held left open the reinstatement of the issue for an inmate actually facing the gas chamber.
6.Oklahoma authorizes electrocution if lethal injection is ever held to be unconstitutional and firing squad if both lethal injection and electrocution are held unconstitutional.
7.Maryland authorizes lethal injection for those whose capital offenses occurred on or after 3/25/94; those who committed the offense before that date may select lethal injection or lethal gas.
8.New Hampshire authorizes hanging only if lethal injection cannot be given.
9.Idaho authorizes firing squad only if lethal injection is "impractical".
10.Wyoming authorizes lethal gas if lethal injection is ever held to be unconstitutional.
11. Kentucky authorizes lethal injection for those convicted after March 31, 1998; those who committed the offense before that date may select lethal injection or electrocution.
12. Florida has endorsed the use of lethal injection if the electric chair is found unconstitutional.
13. Tennessee authorizes lethal injection for those sentenced after Jan. 1, 1999 and those currently on death row will choose between the electric chair and lethal injection.
14. The U.S. Military uses lethal injection.
(Source: Bureau of Justice Statistics, Capital Punishment 1996 Bulletin,
Table 2 (Dec. 1997); updated by DPIC)