Capital punishment in Arkansas

Capital punishment is a legal penalty in the U.S. state of Arkansas.

Since 1820, a total of 504 individuals have been executed. According to the Arkansas Department of Correction, as of November 22, 2016, a total of 34 men were under a sentence of death in the state. On June 22, 2012, the Arkansas Supreme Court ruled the current execution law unconstitutional because it let the executive branch decide on some execution issues that the legislature should have.

When the prosecution seeks the death penalty, the sentence is decided by the jury and must be unanimous.

In case of a hung jury during the penalty phase of the trial, a life sentence is issued, even if a single juror opposed death (there is no retrial).

The governor has the power of clemency with respect to death sentences. He receives for that purpose a non-binding report from the Arkansas Board of Pardons and Paroles.

The method of execution is the lethal injection. If lethal injection is ever ruled unconstitutional, electrocution shall be used to replace it.

Executions in Arkansas are currently performed at the Cummins Unit.

Male death row inmates are located at the Arkansas Department of Correction Varner Unit's Supermax, while the executions are performed at the Cummins Unit, adjacent to Varner. The female death row is located at the McPherson Unit. In 1999 the female death row was newly inaugurated.

In 1974, male death row inmates previously at the Tucker Unit, were moved to the Cummins Unit. In 1986, male death row inmates were moved to the Maximum Security Unit. On Friday August 22, 2003, all 39 Arkansas death row inmates, all of them male, were moved to the Supermax at the Varner Unit.

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