Arizona is preparing to resume executions in , marking the end of a two-year pause in capital punishment. The decision, announced in by Attorney General Kris Mayes, comes after a period of review and legal challenges that have long characterized the state’s approach to the death penalty.
As of , Arizona holds 107 individuals on death row, according to official state figures. Since becoming a state in , Arizona has carried out 96 executions. The state’s history with capital punishment is complex, marked by periods of abolition and reinstatement, reflecting shifting public opinion and legal interpretations.
The state initially abolished the death penalty for murder in through a popular vote, only to reinstate it two years later, again by popular vote, in . Executions were halted between and the nationwide moratorium imposed by the U.S. Supreme Court in . The practice resumed in .
The resumption of executions follows a period of intense scrutiny and legal maneuvering. In , newly inaugurated Governor Katie Hobbs ordered a review of the state’s death penalty protocols. Shortly after, Attorney General Kris Mayes issued a hold on any executions while that review was underway. Retired Magistrate Judge David Duncan was appointed to lead the review process.
Prior to the recent pause, executions had been temporarily halted after the controversial case of Joseph Wood in . Executions resumed in , but the subsequent review initiated by Governor Hobbs and Attorney General Mayes led to the latest suspension, now lifted.
Arizona’s legal framework for capital punishment is outlined in Title 13, Chapter 7 of the Arizona Revised Statutes. The death penalty is reserved for cases of Aggravated First Degree Murder, requiring proof of specific aggravating factors beyond the initial conviction of First Degree Murder. The process involves a complex, bifurcated sentencing phase, demanding a high legal standard for imposing the ultimate penalty.
Historically, executions in Arizona were carried out by hanging until , when the gas chamber was introduced. Lethal injection became the primary method of execution on , although individuals sentenced prior to that date retain the option of choosing execution by gas chamber.
The state’s capital punishment laws have been subject to numerous legal challenges and revisions over the years. In , then-Attorney General Janet Napolitano established a Capital Case Commission to study the state’s laws, resulting in a report proposing improvements to the public defender’s office for capital cases, adjustments to court rules, and minimum competency requirements. Further reviews were prompted in by the increasing number of pending capital cases, leading to the creation of the Arizona Supreme Court’s Capital Case Task Force and, subsequently, the Capital Case Oversight Committee.
The Capital Case Oversight Committee continues to study issues affecting the administration of capital cases and propose recommendations for improving judicial administration. This ongoing scrutiny reflects the inherent complexities and sensitivities surrounding the death penalty, even as the state moves forward with its resumption.
The decision to resume executions in Arizona is likely to reignite debate about the morality and efficacy of capital punishment, both within the state and nationally. The case highlights the ongoing legal and ethical challenges associated with the death penalty, as well as the evolving landscape of criminal justice in the United States.
