While capital punishment, including hanging, faced a significant legal challenge that led to a nationwide halt in executions in 1972, the very last execution by hanging in America occurred on January 25, 1996, in Delaware.
A Turning Point in 1972
Hanging has a long and complex history in the United States, having been a legally sanctioned method of execution since before the nation's founding. However, a pivotal moment arrived in 1972 when the United States Supreme Court, in the landmark case of Furman v. Georgia, found that capital punishment as it was then being applied violated the Eighth Amendment to the United States Constitution, which prohibits cruel and unusual punishment. This ruling effectively imposed a moratorium on all executions across the country, including those by hanging, due to concerns over arbitrary and capricious application of the death penalty.
- Key Impact of the 1972 Ruling:
- All existing death sentences were commuted to life imprisonment.
- No executions were carried out in the U.S. for several years following the decision.
- States were compelled to revise their death penalty statutes to address the Supreme Court's concerns.
The Resumption of Capital Punishment and The Last Execution by Hanging
The moratorium on capital punishment was temporary. In 1976, the Supreme Court, in Gregg v. Georgia, ruled that new death penalty statutes enacted by states, which provided for guided discretion, were constitutional. This decision paved the way for capital punishment to resume in the United States.
While executions resumed, hanging became increasingly rare as states opted for other methods, primarily lethal injection. Despite its rarity, hanging remained a legal option in a few states for a period after 1976.
The last individual executed by hanging in the United States was Billy Bailey in Delaware on January 25, 1996. Bailey chose hanging as his method of execution, as Delaware law at the time allowed inmates sentenced before a certain date to choose between lethal injection and hanging.
Evolution of Execution Methods in the U.S.
The history of execution methods in the U.S. shows a clear shift away from older, more violent methods toward what are often perceived as more "humane" alternatives.
| Era/Legal Status | Primary Methods | Notable Shifts |
|---|---|---|
| Pre-1890s | Hanging, Firing Squad | Predominant method nationwide |
| 1890s - 1972 | Electric Chair, Gas Chamber, Hanging | Introduction of new methods; legal challenges begin |
| 1972-1976 | Nationwide Moratorium | Supreme Court halted all executions |
| 1976 - Present | Lethal Injection (predominant), Electric Chair, Gas Chamber, Firing Squad, (Rarely) Hanging | Lethal injection becomes the primary method; decline of other methods |
Current Status of Hanging as an Execution Method
Following the last execution in 1996, states that previously allowed hanging have either abolished capital punishment entirely or removed hanging as an authorized method. For instance:
- Delaware formally removed hanging as an execution method in 2016 when it abolished the death penalty.
- Washington officially removed hanging as an option in 2018.
- New Hampshire, which had hanging as a fallback method, repealed its death penalty in 2019.
Today, no state actively uses hanging as a method of execution, and it is largely considered a historical practice in the United States.
