Capital punishment in Kansas

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

Kansas is one of only two death-penalty states, along with New Hampshire, where no executions have been carried out since the 1976 reinstatement of capital punishment in the United States.

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 alone the clemency power, after receiving a non-binding recommendation from a board.

In 2004, the Kansas Supreme Court in a 4 to 3 decision ruled state's death penalty statute to be unconstitutional. The decision was later reversed by the U.S. Supreme Court in Kansas v. Marsh (2005), effectively reinstating the statute.

Capital murder is punishable by death if it involves one of the following aggravanting factors:

Currently, there are 9 people on death row, all males.Lethal injection is the only permitted method of execution.

Generally, death sentences are rarely passed in Kansas.

There is no "death row" in Kansas, as inmates are housed at the El Dorado Correctional Facility along with other inmates in administrative segregation.

From 1853 to 1965, 76 executions were carried out under Kansas jurisdiction. All but one, the first, were by hanging. These figures do not include executions that took place at the United States Penitentiary, Leavenworth and United States Disciplinary Barracks; while located within KS borders, these hangings were performed under federal government and U.S. military jurisdiction respectively.

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