Yes, Georgia has the death penalty. Following a temporary nationwide halt on the practice from the U.S. Supreme Court case Furman v. Georgia (1972), the state revised its capital punishment statutes. These new laws were upheld in the 1976 case Gregg v. Georgia, which affirmed the constitutionality of capital punishment when applied under a guided process. This decision set a precedent for the modern era of death penalty law in the United States.
Capital Offenses in Georgia
In Georgia, the death penalty is reserved for a limited set of crimes, including treason and aircraft hijacking, as outlined in the Official Code of Georgia Annotated § 17-10-30. For the crime of murder, the death penalty may only be pursued if the case involves specific statutory aggravating circumstances. These are not just any murders, but those committed under particularly heinous conditions.
These aggravating factors elevate a murder to a capital offense. Examples include:
- Murder committed by a person with a prior conviction for a capital felony.
- Murder committed during another serious crime like rape, armed robbery, or kidnapping.
- Murder of a peace officer, judge, or correctional facility employee.
- Murder committed in a public place that created a grave risk of death to others.
The U.S. Supreme Court has placed limits on which crimes other than murder can be subject to the death penalty. In Coker v. Georgia (1977), the Court ruled that capital punishment is unconstitutional for the rape of an adult victim who is not killed.1Justia U.S. Supreme Court Center. Coker v. Georgia | 433 U.S. 584 (1977) While Georgia’s statute lists offenses like armed robbery or kidnapping, the death penalty for these crimes is generally only applicable if the victim dies.
The Capital Sentencing Process
To impose a death sentence, Georgia uses a two-part trial structure known as a bifurcated trial, a system upheld in Gregg v. Georgia.2Justia U.S. Supreme Court Center. Gregg v. Georgia | 428 U.S. 153 (1976) The first phase is the guilt-innocence phase, where a jury determines if the defendant is guilty of a capital offense beyond a reasonable doubt.
If the defendant is found guilty, the trial moves to a separate sentencing phase where the jury decides the punishment. In this hearing, the prosecution must prove the existence of at least one statutory aggravating circumstance beyond a reasonable doubt. The jury must unanimously agree on this factor to consider a death sentence.
During the sentencing phase, the defense presents mitigating circumstances. These are facts about the defendant’s character, background, or the circumstances of the crime that may argue for a sentence less than death. The jury must consider all mitigating evidence, and its decision on the sentence must be unanimous; if one juror opposes death, a life sentence is issued.
Every death sentence is automatically reviewed by the Supreme Court of Georgia.3U.S. Law. Georgia Code § 17-10-35 (2020) – Review of Death Sentences by Supreme Court; Forwarding of Record and Transcript; Scope of Review; Written Briefs and Oral Argument; Similar Cases to Be Included in Decision; Direct Appeal to Be Consolidated With Sentence Review This mandatory appeal examines the trial record for legal errors and ensures the sentence was not imposed due to prejudice or other arbitrary factors, also comparing it to similar cases.
Methods of Execution Authorized in Georgia
According to Georgia law, the sole method of execution is lethal injection, defined as the continuous intravenous injection of a substance sufficient to cause death. This method was adopted after the Georgia Supreme Court ruled in 2001 that electrocution, the previous method, constituted cruel and unusual punishment.4U.S. Law. Dawson v. State :: 2001 :: Supreme Court of Georgia Decisions :: Georgia Case Law :: Georgia Law Historically, hanging was used until it was replaced by the electric chair in 1924.
The current statute, O.C.G.A. § 17-10-38, does not provide for an alternative method should lethal injection become unavailable. The law also states that administering a lethal injection does not constitute the practice of medicine and that no physician can be compelled to participate. The Department of Corrections is responsible for carrying out the sentence at a designated state correctional institution.
Current Application and Statistics
As of mid-2024, there were 34 inmates on death row in Georgia, reflecting a broader trend of fewer new death sentences and a decrease in the frequency of executions. Since the death penalty was reinstated in 1973, Georgia has executed 77 individuals as of March 2024.
The rate of executions has slowed, with none taking place in some recent years. This reflects both legal challenges and evolving public and prosecutorial attitudes toward capital punishment. While the death penalty remains legal, its use is infrequent due to factors like the high cost of capital trials, the lengthy appeals process, and the difficulty in obtaining drugs for lethal injections.