Why Fewer People Are Being Executed in America

Twenty-five people were executed in the United States in 2024. That sounds high, but it marks the tenth year in a row that executions have stayed below 30. Compare that to the 1950s, when the U.S. regularly executed 50 to 100 people annually, or 1935, when the number reached 197. What has changed?
The answer involves law, politics, practical obstacles, and shifting public opinion—all intersecting at a moment when the United States is marking fifty years since the Supreme Court restarted executions after a temporary halt.
Why Executions Were Paused in the First Place
In 1972, the Supreme Court halted all executions. The reason: the death penalty was being applied unfairly and unevenly, with racial bias playing a clear role. The Court ruled this violated the Constitution's promise of equal protection and its ban on cruel punishment.
Four years later, the Court allowed executions to resume—but only under new rules. States had to create clearer, more step-by-step procedures. The idea was that with better safeguards, the death penalty could be applied fairly. That 1976 decision, called Gregg v. Georgia, is the framework the country still uses today. But the actual number of executions has plummeted.
What's Actually Slowing Executions Down
It's not a single cause. European drug manufacturers stopped selling lethal injection drugs to U.S. prisons, forcing states to scramble for alternatives. Courts challenged whether new execution methods were constitutional. Some states simply paused executions while the legal fights continued. Others stopped scheduling executions for people on death row, letting years pass without action.
Public opinion shifted too. Polls show that just over half of Americans still support the death penalty—the lowest level since the early 1970s. But that number drops when people are asked if they'd prefer life imprisonment instead. And the issue has become partisan: Democrats increasingly oppose the death penalty, while Republicans are more likely to support it.
Executions are now concentrated in just a handful of states. Eight states carried out executions in 2024. Texas, Oklahoma, and a few Southern states account for most of them. Texas executed nine people in 2024—its lowest number since the early 1990s.
The Big Legal Question No One Has Answered
Here's the puzzle: if executions become rare enough, does that rarity itself violate the Constitution? The Supreme Court has hinted at this idea before, in a few past cases. It has suggested that if a punishment falls out of use, that might signal the nation's values have changed. Lawyers defending death row inmates are now making that argument about executions themselves. Whether the current Supreme Court will agree remains an open question.
What This All Means
The fifty-year stretch from 1976 to now shows something important: the safeguards the Supreme Court put in place did not solve the original problem. More than 190 people on death row have been exonerated since 1973. Racial bias in death sentences has not disappeared. The system works, but it works slowly, involves constant legal battles, and affects fewer and fewer people each year.
For lawyers, judges, and officials who manage executions, this fiftieth anniversary is not a moment to celebrate. It is a checkpoint. The legal rules are fifty years old, but how America actually uses them has changed dramatically. In the years ahead, the courts may have to decide whether those rules should change too.


