• @tal
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    11 days ago

    There are a few states that differ. Last time I looked it up, one state still permitted the condemned to request hanging, but it looks like they stopped that, probably because it was a pain to do. I recall reading that the last one that was done, the state had to dig around in old records to figure out how the heck you compute drop length for a given weight and such.

    https://en.wikipedia.org/wiki/Capital_punishment_in_the_United_States

    Offender-selected methods

    In the following states, death row inmates with an execution warrant may always choose to be executed by:

    • Lethal injection in all states as primary method, in South Carolina as secondary method or unless the drugs to use it are unavailable

    • Nitrogen hypoxia in Alabama

    • Electrocution in Alabama, Florida, and South Carolina (primary method)

    • Gas chamber in California and Missouri

    In four states an alternate method (firing squad in Utah, gas chamber in Arizona, and electrocution in Arkansas, Kentucky, and Tennessee) is offered only to inmates sentenced to death for crimes committed prior to a specified date (usually when the state switched from the earlier method to lethal injection). The alternate method will be used for all inmates if lethal injection is declared unconstitutional.

    In five states, an alternate method is used only if lethal injection would be declared unconstitutional (electrocution in Arkansas; nitrogen hypoxia, electrocution, or firing squad in Mississippi and Oklahoma; firing squad in Utah; gas chamber in Wyoming).

    • @tal
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      211 days ago

      Apparently Vermont technically still has electrocution on the books for treason.

      All 26 states with the death penalty for murder provide lethal injection as the primary method of execution. As of 2021, South Carolina is the only autonomous region in the United States of America to authorize its 1912 Electric Chair as the primary method of execution, citing inability to procure the drugs necessary for lethal injection. Vermont’s remaining death penalty statute for treason provides electrocution as the method of execution.

      However, given that very few people in the US have ever been convicted of treason at all – despite people liking to claim that something is “treason”, it’s actually an extremely narrowly-defined crime – much less under Vermont state law, that’s probably largely academic.

      https://en.wikipedia.org/wiki/Treason_laws_in_the_United_States

      Treason is defined on the federal level in Article III, Section 3 of the United States Constitution as “only in levying War against [the United States], or in adhering to their Enemies, giving them Aid and Comfort.” Most state constitutions include similar definitions of treason, specifically limited to levying war against the state, “adhering to the enemies” of the state, or aiding the enemies of the state, and requiring two witnesses or a confession in open court. Fewer than 30 people have ever been charged with treason under these laws.

      Death sentences for treason under the Constitution have been carried out in only two instances: the executions of Taos Revolt insurgents in 1847, and that of William Bruce Mumford during the Civil War.

      Constitutionally, U.S. citizens who live in a state owe allegiance to at least two government entities: the United States of America and their state of legal residence. They can therefore potentially commit treason against either, or against both. At least 14 people have been charged with treason against various states; at least six were convicted, five of whom were executed. Only two prosecutions for treason against a state were ever carried out in the U.S.: one against Thomas Dorr and the other after John Brown’s conspiracy. It has often been discussed, both legally and in matter of policy, if states should punish treason.

      Neither of those was in Vermont – one was in Rhode Island and the other Virginia, and the only instance of the two in which a death sentence was applied was in Virginia, after the John Brown uprising.