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The Death Penalty: How the Law Changed

The death penalty followed a different path in each of these countries. Britain steadily cut the crimes that carried it, carried out its last executions in 1964, suspended it for murder in 1965 and made that permanent in 1969. France kept the guillotine until 1977 and abolished the penalty in 1981. In the United States the Supreme Court suspended it in 1972, allowed it again in 1976, and has since narrowed who can be sentenced to death, while each state decides whether to have it. The chart records laws and decisions up to 2008; the law in the United States changes by state from year to year, so it is not followed beyond that.

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17751800182518501875190019251950197520002025United Kingdom1861: Fewer capital crimes1868: Executions move indoors1957: Homicide Act1964: Last executions1965: Suspension1969: Abolition for murder1998: Abolition for all crimesFrance1792: The guillotine1939: Last public execution1977: Last execution1981: Abolition2007: Constitutional banUnited States1846: Michigan abolishes it for murder1890: The electric chair1972: Furman v. Georgia1976: Gregg v. Georgia1977: Executions resume1982: Lethal injection2002: Atkins v. Virginia2005: Roper v. Simmons2008: Kennedy v. Louisiana

1861United Kingdom· Limiting or abolishing it

Fewer capital crimes

The Offences against the Person Act 1861 and related Acts reduced the capital crimes to murder, treason, piracy with violence and a few others, from over two hundred a few decades earlier.

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These charts show the main turning points in the law of several countries, from our own knowledge. Each entry is one law or decision, dated by when it was passed or decided; the date it took effect is sometimes later. A chart is a map of turning points, not a complete history, and it records the law on paper, not how it was applied. Check the statutes and decisions named for the exact wording. It is general information, not legal advice.

The story in each country

United Kingdom

A long, steady reduction of capital crimes, ending in suspension in 1965 and abolition for all crimes by 1998.

France

The guillotine from 1792 to 1977, and abolition in 1981 under President Mitterrand and Justice Minister Robert Badinter.

United States

A state-by-state story, with the Supreme Court halting the death penalty in 1972, allowing it again in 1976, and then narrowing it.

Every turning point, in order

United Kingdom

  1. 1861 Fewer capital crimes

    Limiting or abolishing it

    The Offences against the Person Act 1861 and related Acts reduced the capital crimes to murder, treason, piracy with violence and a few others, from over two hundred a few decades earlier.

  2. 1868 Executions move indoors

    Methods and procedure

    The Capital Punishment Amendment Act 1868 ended public executions; they were carried out inside prisons.

  3. 1957 Homicide Act

    Limiting or abolishing it

    The Homicide Act 1957 limited the death penalty to certain kinds of murder, such as murder in the course of theft or of a police officer.

  4. 1964 Last executions

    Methods and procedure

    The last executions in Britain took place in August 1964.

  5. 1965 Suspension

    Limiting or abolishing it

    The Murder (Abolition of Death Penalty) Act 1965 suspended the death penalty for murder for five years.

  6. 1969 Abolition for murder

    Limiting or abolishing it

    Parliament made the abolition of the death penalty for murder permanent in December 1969.

  7. 1998 Abolition for all crimes

    Limiting or abolishing it

    The Crime and Disorder Act 1998 and the Human Rights Act 1998 removed the death penalty for the last remaining offences, such as treason.

France

  1. 1792 The guillotine

    Methods and procedure

    Under a law of 1791 the sentence of death meant beheading, and the guillotine was first used in April 1792.

  2. 1939 Last public execution

    Methods and procedure

    The last public execution in France took place in Versailles in June 1939; later executions were carried out inside prisons.

  3. 1977 Last execution

    Methods and procedure

    The last execution in France took place in September 1977.

  4. 1981 Abolition

    Limiting or abolishing it

    A law of 9 October 1981, steered through Parliament by Justice Minister Robert Badinter, abolished the death penalty in France.

  5. 2007 Constitutional ban

    Limiting or abolishing it

    In February 2007 France added to its Constitution a provision that no one may be sentenced to death.

United States

  1. 1846 Michigan abolishes it for murder

    Limiting or abolishing it

    Michigan became the first state to abolish the death penalty for murder, in 1846, though it kept it for treason.

  2. 1890 The electric chair

    Methods and procedure

    New York used the electric chair for the first time in 1890, as a method meant to be more humane than hanging.

  3. 1972 Furman v. Georgia

    Limiting or abolishing it

    The Supreme Court held that the death penalty as then applied was cruel and unusual punishment because it was imposed arbitrarily, and for a few years no one was executed.

  4. 1976 Gregg v. Georgia

    Restoring or resuming it

    The Supreme Court allowed the death penalty again under new state laws that guided the jury's discretion.

  5. 1977 Executions resume

    Restoring or resuming it

    Gary Gilmore was executed in Utah in January 1977, the first execution in the United States for ten years.

  6. 1982 Lethal injection

    Methods and procedure

    Texas carried out the first execution by lethal injection in December 1982; it later became the usual method.

  7. 2002 Atkins v. Virginia

    Limiting or abolishing it

    The Supreme Court held that executing a person with an intellectual disability is cruel and unusual punishment.

  8. 2005 Roper v. Simmons

    Limiting or abolishing it

    The Supreme Court held that executing a person for a crime committed before the age of 18 is unconstitutional.

  9. 2008 Kennedy v. Louisiana

    Limiting or abolishing it

    The Supreme Court held that the death penalty cannot be imposed for the rape of a child where the victim did not die.

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