Tennessee law permits the use of capital punishment. The state has a detailed legal framework that specifies which crimes are eligible for a death sentence, the process juries must follow to impose it, and the methods of execution. Navigating this system involves distinct phases of trial and specific legal standards.
Capital Offenses in Tennessee
In Tennessee, the application of the death penalty is narrowly focused on the crime of first-degree murder.1Justia. Tennessee Code § 39-13-202 (2024) – First Degree Murder However, a conviction for first-degree murder does not automatically result in a death sentence. For capital punishment to be an option, prosecutors must prove the existence of at least one statutory aggravating circumstance connected to the murder.
The law lists several specific aggravating factors. These include:
- The murder of a person under twelve years old.
- The murder was committed by an individual with a prior conviction for a violent felony.
- The murder was committed for payment.
- The crime created a great risk of death to other people besides the victim.
- The murder was committed during another serious felony like rape, robbery, or kidnapping.
- The victim was a law enforcement officer or firefighter engaged in their duties.
- The murder was deemed “especially heinous, atrocious, or cruel” because it involved torture or serious physical abuse beyond what was necessary to cause death.
The prosecution must formally notify the defense of its intent to seek the death penalty and specify which of these aggravating circumstances it will attempt to prove.2Tennessee Administrative Office of the Courts. Rule 12.3: Notice of Intent to Seek Increased Sentence.
Imposition of a Death Sentence
After a defendant is found guilty of first-degree murder, the trial enters a separate sentencing phase, known as a bifurcated trial. In this distinct legal proceeding, the original jury hears additional evidence to determine the appropriate punishment. The focus is on weighing specific factors defined by state law to decide between a death sentence and life imprisonment.
During this hearing, the prosecution must prove at least one statutory aggravating circumstance beyond a reasonable doubt. The defense presents mitigating evidence, which can include any aspect of the defendant’s character, background, or the circumstances of the crime that might argue for a sentence less than death.
For a death sentence to be imposed, all twelve jurors must unanimously agree that the aggravating factors outweigh any mitigating factors beyond a reasonable doubt.3Justia. Tennessee Code § 39-13-204 (2024) – Sentencing for Offenses Punishable by Death If even one juror disagrees, a death sentence cannot be imposed, and the defendant receives a sentence of life imprisonment.
Authorized Methods of Execution
Tennessee law authorizes two methods of execution: lethal injection and electrocution. Lethal injection is the state’s primary method.
An inmate who committed their capital offense before January 1, 1999, can choose to be executed by electrocution.4Justia. Tennessee Code § 40-23-114 (2024) – Death by Lethal Injection – Election of Electrocution – Electrocution as Alternative Method Additionally, state law provides for the use of the electric chair if lethal injection is ever ruled unconstitutional or if the necessary drugs become unavailable.
Current Status of Capital Punishment in Tennessee
As of late 2024, there were 45 inmates on Tennessee’s death row, housed at the Riverbend Maximum Security Institution in Nashville. The state has experienced periods of inactivity due to legal challenges and reviews of its execution protocols.
In May 2022, Governor Bill Lee paused all executions for an independent review of the state’s lethal injection procedures after issues were found with the testing of the drugs. Executions resumed on May 22, 2025, with Oscar Smith being executed by lethal injection, marking the first execution in five years. Several other executions have been scheduled, though legal challenges to the state’s protocols are ongoing.