Capital punishment in Arkansas

The Varner Unit, pictured here, houses the State of Arkansas death row for men

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

Since 1820, a total of 505 individuals have been executed. According to the Arkansas Department of Correction, as of September 10, 2024, a total of 26 men were under a sentence of death in the state.

## History

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All but four executions carried out before 1913 were by hanging. Four guerillas were shot on July 29, 1864.

On July 25, 1902, seven men were hanged, the most executions in one day in the state.

Almost all executions were for crimes that involved murder. A number of people were also executed for rape and there was one execution for espionage, 17-year-old alleged Confederate spy David O. Dodd, hanged by Union soldiers on January 8, 1864.

In 1913, the method used was changed to the electric chair. The electric chair was constructed from the wood that had previously made up the state gallows. This electric chair would be used for all electrocutions up until 1964. Four more people were hanged in the state — one in 1913, two in 1914 and one in 1930.

The last execution in the state before Furman v. Georgia[1] was that of Charles Fields on January 24, 1964 for rape. New capital punishment laws were passed in Arkansas and came into force on March 23, 1973. The first execution would not come until June 18, 1990 when John Edward Swindler was electrocuted. His was the first and so far only execution using an electric chair constructed by the state in the 1970s.

According to Michael L. Radelet of the University of Colorado there have been two instances of executions that did not go according to plan in Arkansas since Furman. On January 24, 1992, the execution of Ricky Ray Rector was delayed by fifty minutes after the medical staff were unable to find a suitable vein in his arm. The curtain over the witness area was not drawn, and witnesses heard Rector moan loudly eight times. State officials attributed the difficulties to his size and use of antipsychotic medication. The execution of Christina Marie Riggs faced similar delays on May 2, 2000, when staff were unable to locate a vein in her elbow. They eventually found one in her wrist.

There have been at least three death row volunteers in Arkansas: Ronald Gene Simmons, Christina Marie Riggs, and Clay King Smith.

In April 2017, the state planned to execute eight death row inmates before the stocks of the sedative midazolam expired at the end of April, but ultimately only four were put to death that month. A federal judge initially issued an injunction preventing the executions, but the Eight Circuit Court of Appeals overturned the ruling and the United States Supreme Court rejected a claim that the accelerated execution schedule was "cruel and unusual punishment."[2] On April 20, at about 11:30 PM CST, they were allowed to proceed. At 11:56 PM CST, four minutes prior to the expiration of his execution warrant, Ledell Lee was executed, making him the first inmate in Arkansas to be executed since 2005.[3] On April 24, Jack Harold Jones and Marcel Williams were executed, the first double execution in the United States in 17 years.[4] The last of the four inmates put to death in April 2017 was serial killer Kenneth Williams, who was found guilty of murdering a farmer during his prison escape and sentenced to death; Williams was also convicted of two more murders but was given two life sentences for these other killings. Williams, whose death sentence was carried out on April 27, 2017, remains the last person executed in Arkansas as of 2024.[5]

In February 2025, a bill was proposed to allow the state to execute criminals by nitrogen hypoxia, a method first used by Alabama in 2024 to execute four of its condemned inmates between January 2024 and February 2025.[6] A legislative panel voted 10-5 to grant approval to the Bill, and it advanced to the House for further review.[7] The bill swiftly passed in the Arkansas House of Representatives by a majority vote of 67-23 on March 4, 2025,[8] The bill passed in the Arkansas Senate by a majority vote of 26-9 on March 11, 2025.[9] The Arkansas governor Sarah Huckabee Sanders signed the bill into law on March 18, 2025. Arkansas became the fifth state in the US joining Alabama, Oklahoma, Mississippi, and Louisiana to allow executions by nitrogen hypoxia.[10]

## Legal process

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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).[11]

The Governor of Arkansas has the power of clemency with respect to death sentences.[12] The governor receives for that purpose a non-binding report from the Arkansas Board of Pardons and Paroles.

The method of execution is lethal injection. Anyone sentenced to death before July 4, 1983 can choose between lethal injection and electrocution,[13] however, currently there aren't any death row inmates that were sentenced before the aforementioned date.[14] If lethal injection is ever ruled unconstitutional, electrocution shall be used to replace it.[15]

Executions in Arkansas are currently performed at the Cummins Unit.

## Capital crimes

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The following are capital crimes in Arkansas:

* Treason; and
* Murder involving one or more of the following aggravating factors:[16]

1. The murder was committed by an offender imprisoned as a result of a felony conviction.
2. The murder was committed by an offender escaped after being sentenced to imprisonment as a result of a felony conviction.
3. The offender previously committed another felony, an element of which was the use or threat of violence to another person or the creation of a substantial risk of death or serious physical injury to another person.
4. The offender in the commission of the capital murder knowingly created a great risk of death to a person other than the victim or caused the death of more than one person in the same criminal episode.
5. The murder was committed for the purpose of avoiding or preventing an arrest or effecting an escape from custody.
6. The murder was committed for pecuniary gain.
7. The murder was committed for the purpose of disrupting or hindering the lawful exercise of any government or political function.
8. The murder was committed in an especially cruel or depraved manner, that is, preceded by mental anguish, serious physical abuse, or torture upon the victim prior to the murder.
9. The murder was committed by means of a destructive device, bomb, explosive, or similar device that the person planted, hid, or concealed in any place, area, dwelling, building, or structure, or mailed or delivered, or caused to be planted, hidden, concealed, mailed, or delivered, and the person knew that his or her act would create a great risk of death to human life.
10. The murder was committed against a person whom the defendant knew or reasonably should have known was especially vulnerable to the attack because:
* Of either a temporary or permanent severe physical or mental disability which would interfere with the victim's ability to flee or to defend himself or herself; or
* The victim was 12 years of age or younger.

## Death row

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Cummins Unit houses the State of Arkansas execution chamber

Male death row inmates are located at the Arkansas Department of Correction Varner Unit's Supermax, while the executions are performed at the Cummins Unit, adjacent to Varner.[17] The female death row is located at the McPherson Unit. In 1999 the female death row was newly inaugurated.[18]

In 1974, male death row inmates previously at the Tucker Unit, were moved to the Cummins Unit.[19] In 1986, male death row inmates were moved to the Maximum Security Unit.[19] On Friday August 22, 2003, all 39 Arkansas death row inmates, all of them male, were moved to the Supermax at the Varner Unit.[20]

## See also

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* List of people executed in Arkansas (pre-1972)
* List of death row inmates in Arkansas
* Crime in Arkansas
* Law of Arkansas

## References

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1. ^ Furman v. Georgia, 408 U.S. 238 (1972)
2. ^ "Arkansas executes Ledell Lee in first death penalty use in 12 years". BBC News. April 21, 2017. Retrieved April 21, 2017.
3. ^ Glancy, Josh (April 16, 2017). "US judge blocks 'frantic' round of executions". The Sunday Times. Retrieved April 16, 2017.
4. ^ "Arkansas executes murderers Jack Jones and Marcel Williams". BBC News. April 25, 2017. Retrieved April 25, 2017.
5. ^ "Fourth and final Arkansas inmate Kenneth Williams executed". The Guardian. April 27, 2017.
6. ^ "Bill to allow nitrogen-gas executions raises legal, medical questions". Arkansas Times. February 17, 2025.
7. ^ "Arkansas lawmakers give initial approval to bill permitting nitrogen gas executions". Arkansas Advocate. February 27, 2025.
8. ^ [1]
9. ^ "Arkansas lawmakers approve nitrogen gas execution bill, await governor's signature". Arkansas Advocate. March 12, 2025.
10. ^ "Arkansas governor signs legislation allowing executions by nitrogen gas". Associated Press. March 18, 2025.
11. ^ "§ 5-4-603 - Findings required for death sentence -- Harmless error review". law.justia.com. Retrieved June 25, 2016.
12. ^ Arkansas state Constitution -Article 6 - § 18.
13. ^ "Arkansas's Electric Chair". users.bestweb.net. Archived from the original on December 15, 2005. Retrieved March 4, 2024.
14. ^ "Death Row - Arkansas Department of Corrections". doc.arkansas.gov. Retrieved March 4, 2024.
15. ^ "§ 5-4-617 - Method of execution". law.justia.com. Retrieved June 25, 2016.
16. ^ Arkansas Code § 5-4-604
17. ^ "State Capitol Week in Review." State of Arkansas. June 13, 2008. Retrieved on August 15, 2010. "Executions are carried out in the Cummins Unit, which is adjacent to Varner."
18. ^ Haddigan, Michael. "They Kill Women, Don't They?" Arkansas Times. April 9, 1999. Retrieved on August 15, 2010.
19. ^ a b "2006 Facts Brochure Archived August 6, 2009, at the Wayback Machine." Arkansas Department of Correction. July 1, 2005 – June 30, 2006. 25 (25/38). Retrieved on August 15, 2010.
20. ^ "Death Row On The Move" (Archive). KAIT. August 26, 2003. Retrieved on August 15, 2010.

## External links

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* Executions in Arkansas 1820–1964
* Post-Furman Botched Executions Archived November 22, 2007, at the Wayback Machine from Death Penalty Information Center
* Death row inmates from Arkansas Department of Correction
* Arkansas's Electric Chairs
* 2007 Facts Brochure. Arkansas Department of Correction. Retrieved on 2007-11-13.

* v
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Capital punishment in the United States

Jurisdictions|

* Federal government
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People executed by state|

* Federal government
* Military
* Alabama (pre-1972)
* Arizona
* Arkansas (pre-1972)
* California
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* Georgia (pre-1972)
* Idaho
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* Kentucky (pre-1972)
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* Maine
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* Oklahoma (pre-1972)
* Oregon
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* Texas
* 2020–present
* Utah
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* Washington, D.C.

People executed by year|

* 1949
* 1950
* 1951
* 1952
* 1953
* 1954
* 1955
* 1956
* 1957
* 1958
* 1959
* 1960
* 1961
* 1962
* 1963
* 1964
* 1965–1972
* 1976–1983
* 1984
* 1985
* 1986
* 1987
* 1988
* 1989
* 1990
* 1991
* 1992
* 1993
* 1994
* 1995
* 1996
* 1997
* 1998
* 1999
* 2000
* 2001
* 2002
* 2003
* 2004
* 2005
* 2006
* 2007
* 2008
* 2009
* 2010
* 2011
* 2012
* 2013
* 2014
* 2015
* 2016
* 2017
* 2018
* 2019
* 2020
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* 2022
* 2023
* 2024
* 2025
* Scheduled executions

Issues and ethics|

* Botched executions
* Death-qualified jury
* Debate
* Dual sovereignty doctrine
* Execution drug shortage
* Exonerations
* Juveniles
* Last meal
* Participation of medical professionals
* Race and capital punishment
* White defendants executed for killing a black victim
* Wrongful executions

Other|

* Death row inmates
* Death row inmates who have exhausted their appeals
* Death Penalty Information Center
* Most recent executions by state
* National Coalition to Abolish the Death Penalty
* Supreme Court decisions on capital punishment
* Women executed since 1976
* Women on death row

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