Hanging, one of the oldest forms of capital punishment, has long been associated with the history of criminal justice in the United States. While most states have abolished the death penalty or replaced hanging with modern execution methods, the question remains: Is hanging still a legal form of execution in the U.S.? Although rare, hanging is still a legal option in a few states under specific circumstances. This article explores the historical significance, legal status, and ethical concerns surrounding hanging as a method of execution in the United States.
History of Hanging as Capital Punishment in the U.S.
Origins of Hanging in American Law
Hanging was introduced to America during the colonial period, influenced by British legal traditions. It became the primary method of execution for centuries, used for crimes ranging from murder and treason to theft and witchcraft. Public hangings were common in the 18th and 19th centuries, often serving as both punishment and a warning to others.
By the mid-20th century, however, hanging began to decline as more humane execution methods were developed. The electric chair, lethal gas, and later lethal injection became the preferred methods, as they were perceived as less cruel and more reliable. Despite this shift, some states retained hanging as a legal alternative under certain conditions.
Famous Hanging Executions in the U.S.
Several high-profile executions by hanging have marked American history, including:
- Mary Surratt (1865) – The first woman executed by the U.S. federal government for her alleged role in Abraham Lincoln’s assassination.
- Tom Ketchum (1901) – An outlaw executed in New Mexico, whose botched hanging resulted in his decapitation.
- Billy Bailey (1996) – The last person hanged in the U.S., executed in Delaware after choosing hanging over lethal injection.
These cases illustrate the long history of hanging as a legal punishment and the controversies surrounding its use.
Current Legal Status of Hanging in the U.S.
Is Hanging Still a Legal Execution Method?
As of today, hanging is not the primary method of execution in any U.S. state, but it remains a legal option under specific circumstances. Two states—New Hampshire and Washington—allowed hanging as an alternative method until recently.
- Washington officially abolished the death penalty in 2018, but before that, it allowed hanging as an option if lethal injection was unavailable.
- New Hampshire outlawed capital punishment in 2019, removing hanging as a legal execution method.
Although no state currently lists hanging as an available method in its standard execution protocol, it remains theoretically possible in states that permit alternative methods if the preferred method (usually lethal injection) is deemed unconstitutional or unavailable.
Laws Governing Alternative Execution Methods
Several states have laws that allow execution by methods other than lethal injection if the latter becomes impractical due to legal challenges or drug shortages. These states include:
- Mississippi, Oklahoma, and Utah – Allow firing squads as an alternative.
- Tennessee and South Carolina – Permit the use of the electric chair under certain conditions.
- Arizona – Provides the option of lethal gas.
While hanging is not explicitly listed as an alternative in these states, the existence of backup execution methods suggests that states could theoretically consider hanging if lethal injection were entirely outlawed.
Why Hanging Has Been Abandoned
Humaneness and Ethical Concerns
The decline of hanging as an execution method is largely due to concerns over cruel and unusual punishment, a violation of the Eighth Amendment to the U.S. Constitution. Hanging can lead to:
- Decapitation – If the drop is too long, the force can sever the head from the body.
- Strangulation – If the drop is too short, the condemned may suffer prolonged agony, sometimes taking minutes to die.
- Botched Executions – Hanging has a higher rate of failure compared to modern methods, increasing the risk of a painful and undignified death.
The Supreme Court has ruled on cruel and unusual punishment in cases like Baze v. Rees (2008), which upheld lethal injection but left room for legal challenges against older execution methods. While the Court has not explicitly ruled on hanging in modern times, the risk of botched executions would likely make it legally indefensible today.
Shift Toward Lethal Injection and Abolition Movements
Since the 1970s, the majority of states with the death penalty have transitioned to lethal injection due to its perceived humaneness and efficiency. However, drug shortages, botched executions, and public opposition have led many states to reconsider capital punishment altogether.
As of 2024:
- 23 states and Washington D.C. have abolished the death penalty.
- 3 states have a moratorium on executions.
- 24 states still allow capital punishment but rely primarily on lethal injection.
Given these trends, the likelihood of hanging being revived as a standard execution method is extremely low.
Legal Challenges and Public Opinion
Constitutional Challenges to Hanging
Any attempt to reintroduce hanging would likely face strong legal opposition. Under the Eighth Amendment, courts have struck down methods of execution that cause unnecessary pain and suffering. Hanging, with its history of botched executions and potential for extreme suffering, would likely fail this legal test.
For example, in Wilkerson v. Utah (1879), the Supreme Court ruled that firing squads were not unconstitutional, but the decision left room for future scrutiny of older methods. If hanging were challenged today, courts would almost certainly rule against its use.
Public Attitudes Toward Hanging
Public opinion has also played a key role in the decline of hanging. Surveys show that Americans have grown increasingly opposed to the death penalty, with concerns about wrongful convictions and execution methods leading many to advocate for abolition.
A Gallup poll in 2023 found that support for capital punishment was at its lowest point in decades, with many favoring life imprisonment over execution. The brutal nature of hanging makes it even less acceptable in the eyes of the public compared to methods like lethal injection.
The Future of Execution Methods in the U.S.
Could Hanging Ever Be Used Again?
While hanging remains theoretically legal under extreme circumstances, the chances of it being used are close to zero. Most states with capital punishment have removed it from their execution protocols, and any attempt to reinstate it would face immediate legal challenges and public backlash.
Abolition vs. Alternative Methods
With growing opposition to the death penalty, the U.S. is moving toward either complete abolition or the use of alternative methods like nitrogen gas or firing squads. The focus is shifting away from execution methods and toward reforming or eliminating the death penalty altogether.
Conclusion
Although hanging was once a widespread method of execution in the United States, it has been almost entirely abandoned due to ethical concerns, legal challenges, and public opposition. While it remains technically legal under rare circumstances in some states, the likelihood of it ever being used again is extremely low. As debates over capital punishment continue, the U.S. justice system is moving further away from outdated and controversial methods, making the return of hanging an improbable scenario.