Keith Mack
Hanging has been practised legally in the United States since before the country's inception. Public hangings were commonplace in the early 19th century, with some considering them a community event. However, by the early 1830s, public opinion began to shift, with many viewing public hangings as cruel. This shift in sentiment led to the enactment of laws providing for private hangings in several states. While the Eighth Amendment of the Bill of Rights prohibits cruel and unusual punishment, hanging was not initially considered to fall under this category. In 1972, the Supreme Court deemed capital punishment a violation of the Eighth Amendment, temporarily suspending it. Four years later, the Supreme Court overturned this decision, and capital punishment was reinstated in 1976. Since then, the primary method of execution has shifted from hanging to lethal injection. Currently, only New Hampshire and Washington retain hanging as a secondary method of execution, and there have been no hangings in the United States since 1996.
| Characteristics | Values |
|---|---|
| Hanging is considered inhumane | Yes |
| States where hanging is legal | New Hampshire, Washington |
| Last hanging in the US | 1996 |
| Total hangings since 1976 | 3 |
| Alternatives to hanging | Lethal injection, electrocution, firing squad, gas chamber |
| Abolitionist states | Vermont, Michigan |
| First recorded execution by hanging | 1623 |
| First woman executed by hanging | 1632 |
| Number of executions since 1976 | 1,533 |
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What You'll Learn
- Hanging is not unconstitutional but is considered inhumane
- The death penalty is only carried out for capital offences
- The US is one of four developed countries that still practice capital punishment
- Public hangings were considered cruel, but also community events
- Abolitionist states may still allow death sentences for crimes before abolition
Hanging is not unconstitutional but is considered inhumane
Hanging has been practised legally in the United States of America since before the nation's birth. However, in 1972, the United States Supreme Court found capital punishment to be in violation of the Eighth Amendment to the United States Constitution, which prohibits cruel and unusual punishment. Four years later, the Supreme Court overturned its previous ruling, and in 1976, capital punishment was again legalized in the United States.
Hanging is not considered unconstitutional, but it is considered inhumane. The Eighth Amendment is still an essential argument employed by those in favour of abolishing capital punishment. Amnesty International, for example, opposes capital punishment because it breaches human rights, including the right to live free from cruel, inhuman, or degrading treatment or punishment.
The last state-sanctioned execution by hanging in the US was carried out on January 25, 1996, in Delaware. Inmate Billy Bailey refused lethal injection as a form of execution and chose to go with his original sentence of death by hanging. There have been no hanging executions in the United States since 1996, and only three overall since 1976 when the Supreme Court reinstated the death penalty.
Hanging advocates frequently point to the quick and relatively painless death that hanging accomplishes. British author Charles Duff writes: "It has been and still is a matter of opinion whether, if you wish to kill your undesirable, it is better to... flay him until he dies, or hurl him over a precipice... For my own part, I have reached the conclusion that no people can point to a method which is more beautiful and expeditious, or which is aesthetically superior to the... practice of breaking their necks by hanging." However, Dr. Harold Hillman, a British physiologist and student of executions, says that even when done properly, hanging means that "the dangling person probably feels cervical pain and suffers from an acute headache as a result of the rope closing off the veins of the neck."
Currently, only New Hampshire has a law specifying hanging as an available secondary method of execution, now only applicable to one person, who was sentenced to capital punishment by the state prior to its repeal in 2019.
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The death penalty is only carried out for capital offences
Capital punishment, or the death penalty, is a legal punishment in the United States. It is the most serious punishment that can be imposed under federal law. The death penalty is only carried out for capital offences, which include treason, espionage, murder, large-scale drug trafficking, war crimes, genocide, and the attempted murder of a witness, juror, or court officer.
The United States is one of four developed countries that still practices capital punishment, along with Japan, Singapore, and Taiwan. The death penalty is supported by some law enforcement organisations and victims' rights groups. However, it is opposed by Amnesty International, which believes it breaches human rights, and by other groups on moral grounds.
The death penalty has a long history in the United States, dating back to the country's earliest days. Hanging was a common method of execution in Colonial America, and it remained in use until 1972 when the Supreme Court found capital punishment to be in violation of the Eighth Amendment, which prohibits cruel and unusual punishment. The Eighth Amendment was key to the suspension of capital punishment in 1972, as hanging was considered cruel by many people. The Fifth Amendment also implies the possible use of the death penalty, requiring a grand jury indictment for a "capital crime" and a due process of law for deprivation of "life". The Fourteenth Amendment, adopted in 1868, also requires a due process of law for deprivation of life by any state.
In 1976, capital punishment was once again legalised in the United States. Lethal injection has since become the preferred method of execution, although hanging is still specified as a secondary method in New Hampshire. Since 1976, there have been 1,533 executions, of which only 3 have been by hanging. As of February 2025, there are 3 offenders remaining on federal death row.
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The US is one of four developed countries that still practice capital punishment
Hanging has been practised legally in the United States of America since before the nation's birth. In 1972, the United States Supreme Court found capital punishment to be in violation of the Eighth Amendment to the United States Constitution, which prohibits cruel and unusual punishment. Four years later, the Supreme Court overturned its previous ruling, and in 1976, capital punishment was again legalized in the United States.
Today, the United States is one of four developed countries that still practice capital punishment, along with Japan, Singapore, and Taiwan. Amnesty International classifies these four countries as 'retentionist', meaning they have not abolished the death penalty in law or in practice. In 2022, the United States was one of the five countries that executed the most people, along with China, Iran, Saudi Arabia, and Egypt.
Capital punishment, also known as the death penalty, is the state-sanctioned killing of a person as punishment for a crime. It has been historically used in almost every part of the world, but since the mid-19th century, many countries have abolished or discontinued the practice. As of 2021, 56 countries retain capital punishment, while 111 countries have abolished it de jure for all crimes.
In the United States, the death penalty can be applied nationwide at the federal level for certain federal crimes and in the military. However, most capital crimes are prosecuted at the state level, and twenty-three of the fifty states and the federal district have abolished capital punishment entirely. Currently, only New Hampshire has a law specifying hanging as an available secondary method of execution, applicable to inmates who were sentenced to capital punishment before the state's repeal of the death penalty in 2019.
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Public hangings were considered cruel, but also community events
Public hangings were commonplace during the early nineteenth century in the United States. While some considered these events cruel, others viewed them as community events.
Public hangings were often attended by thousands of townspeople, including children, who would gather around the gallows to observe the execution of convicted criminals. These events were deemed to be educational, providing moral lessons for the community. The public nature of these hangings was also intended to deter people from committing similar crimes.
However, by the early 1830s, public opinion began to shift, and many started to view public hangings as cruel and inhumane. This perspective was later codified in the Eighth Amendment of the Bill of Rights, which prohibited cruel and unusual punishment. Despite this, hangings continued, and some states even increased their number of capital offenses during this time.
The atmosphere at these events could be rowdy and violent, with fighting and drunkenness often occurring. People would push and jockey for the best view of the hanging or the corpse. Onlookers would curse the victim or widow and sometimes try to take down the scaffold or rope as souvenirs. The aftermath of these events could be chaotic, with violence and drunkenness continuing into the night.
In 1835, five states—Pennsylvania, New York, New Jersey, Rhode Island, and Massachusetts—enacted laws providing for private hangings. By 1849, fifteen more states had followed suit, marking a shift away from public hangings as community events. Despite this, the United States continued to carry out public hangings until 1936, when Rainey Bethea was hanged in Kentucky. This execution received nationwide attention and is believed to have contributed to the outlawing of public executions in the country.
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Abolitionist states may still allow death sentences for crimes before abolition
The United States is one of only four developed countries that still practices capital punishment, with the others being Japan, Singapore, and Taiwan. Hanging has been practiced legally in the country since before its founding, up until 1972 when the Supreme Court found capital punishment to be in violation of the Eighth Amendment to the United States Constitution. Four years later, the Supreme Court overturned its previous ruling, and in 1976, capital punishment was again legalized in the United States.
While some abolitionist states have abolished the death penalty, they may still allow death sentences for crimes committed before abolition. For example, New Hampshire abolished capital punishment in 2019, but inmates who were already on death row may still face execution. Similarly, Vermont has abolished the death penalty for all crimes, but has an invalid death penalty statute for treason. In addition, Michigan abolished the death penalty in 1847 for all crimes except treason, and Wisconsin and Maine followed suit. However, no one was ever executed under this law, and Michigan's 1962 Constitutional Convention codified that the death penalty was fully abolished.
The abolitionist movement in the United States gained momentum in the early to mid-19th century, particularly in the northeast. During this time, many states reduced the number of capital crimes and built state penitentiaries. Pennsylvania became the first state to move executions away from the public eye and carry them out in correctional facilities in 1834. In 1838, some states began passing laws against mandatory death sentencing, instead enacting discretionary death penalty statutes, which was seen as a victory for abolitionists. By 1963, all mandatory capital punishment laws had been abolished, with the exception of a small number of rarely committed crimes in a few jurisdictions.
Despite the efforts of abolitionists, capital punishment remains legal in the United States, and some states still allow death sentences for crimes committed before abolition. The methods of execution have also evolved, with lethal injection becoming the preferred method in 1982, displacing the electric chair.
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Frequently asked questions
Hanging was practised legally in the US from before the country's birth until 1972 when the Supreme Court found capital punishment to be in violation of the Eighth Amendment. The Supreme Court overturned its ruling in 1976, and capital punishment was again legalised.
New Hampshire is the only state with a law specifying hanging as a secondary method of execution. Washington also provides for hanging as a means of execution.
The last state-sanctioned execution by hanging was carried out on 25 January 1996, in Delaware.
Hanging was replaced by electrocution and lethal injection, which were considered more humane.
Hanging is considered inhumane and a breach of human rights, specifically the right to live free from torture or cruel, inhuman or degrading treatment.
