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State And Federal Info

Montana

Notable Cases

The execution of Duncan McKenzie by lethal injection in 1995 was the first execution by a method other than hanging in Montana.

Notable Commutations/Clemencies

In 1988, David Cameron Keith was granted clemency by Gov. Ted Schwinden. Reasons reportedly included Keith’s partial paralysis and blindness, remorse, religious conversion, and the possibility that he may have shot the victim as a reflex action.

Milestones in Abolition/Reinstatement

Bills to abolish the death penalty passed the Montana Senate in 2009 and 2011, but were defeated in the state House Judiciary committee each time.

Other Interesting Facts

Hanging was the method of execution in Montana until 1995 (lethal gas was added in 1983 but never used), although the last hanging in Montana occurred in 1943. In 1995, Montana adopted lethal injection as the sole method of execution.

Montana was one of the last states to move executions from local authorities to centralized state administration.

Pompeys Pillar National Monument.  Photo by Montana Bureau of Land Management.
Pompeys Pillar National Monument. Photo by Montana Bureau of Land Management.

Resources

  • Department of Corrections
  • Montana Abolition Coalition
  • Montana County Attorneys Association
  • Public defender’s office
  • Victims’ services

Montana Execution Totals Since 1976

News & Developments


Recent Legislative Activity

Mar 01, 2021

Legislators in South Carolina, Montana Seek to Change Execution Methods to Allow Executions to Resume

Frustrated by the inabil­i­ty to put pris­on­ers to death, leg­is­la­tors in two states are seek­ing to jump­start the exe­cu­tion process by chang­ing the laws that gov­ern how exe­cu­tions may be con­duct­ed. After gain­ing lit­tle trac­tion in pri­or leg­isla­tive se…

Legislators in South Carolina, Montana Seek to Change Execution Methods to Allow Executions to Resume

Crimes Punishable by Death

Dec 23, 2019

DPIC Analysis: Death Penalty Erosion Spreads Across the Western United States in 2019

In a year of declin­ing death-penal­ty usage across the United States, nowhere was the ero­sion of cap­i­tal pun­ish­ment as sus­tained and pro­nounced in 2019 as it was in the west­ern United States. Continuing a wave of momen­tum from 

DPIC Analysis: Death Penalty Erosion Spreads Across the Western United States in 2019

Recent Legislative Activity

Feb 19, 2019

Death-Penalty Repeal Efforts Across U.S. Spurred by Growing Conservative Support

Bills to repeal and replace the death penal­ty with non-cap­i­tal pun­ish­ments have gained new trac­tion across the United States in 2019 as a result of oppo­si­tion to the death penal­ty among ide­o­log­i­cal­ly con­ser­v­a­tive leg­is­la­tors. That move­ment – buoye…

Death-Penalty Repeal Efforts Across U.S. Spurred by Growing Conservative Support

Mental Illness

Jul 26, 2018

Montana Prosecutors Drop Death Penalty Against Mentally Ill Defendant

Lloyd Barrus (pic­tured, left) will not become the first per­son sen­tenced to death in Montana this cen­tu­ry, after pros­e­cu­tors dropped their pur­suit of the death penal­ty for the killing of a sher­if­f’s deput…

Montana Prosecutors Drop Death Penalty Against Mentally Ill Defendant

Lethal Injection

Oct 09, 2015

Amid Unavailability of Lethal Injection Drugs, States Push Legal Limits to Carry Out Executions

“Over time lethal injec­tion has become only more prob­lem­at­ic and chaot­ic,” Deborah W. Denno, a pro­fes­sor at Fordham Law School, told the New York Times, sum­ma­riz­ing the ongo­ing bat­tles that have led states to adopt new drug sources or alt…

Amid Unavailability of Lethal Injection Drugs, States Push Legal Limits to Carry Out Executions

Recent Legislative Activity

Oct 07, 2015

Montana Judge Puts Executions on Hold

On October 6, Montana District Court Judge Jeffrey Sherlock (pic­tured) held that the state’s pro­posed lethal injec­tion pro­to­col vio­lat­ed state law, which requires that an ​“ultra fast-act­ing bar­bi­tu­rate” be used in exe­cu­tions. Judg…

Montana Judge Puts Executions on Hold

Recent Legislative Activity

Feb 27, 2015

Recent Developments in Death Penalty Legislation

Several state leg­is­la­tures have recent­ly tak­en action on bills relat­ed to cap­i­tal pun­ish­ment. In Arkansas, a bill to abol­ish the death penal­ty passed the Senate Judiciary Committee on a voice vote. Bill spon­sor Sen. David Burnett,…

Recent Developments in Death Penalty Legislation

Recent Legislative Activity

Feb 20, 2015

Death Penalty Repeal Bill Advances with Bi-Partisan Support in Montana

On February 18, the Montana House Judiciary Committee vot­ed (11 – 10) to advance HB 370, a bill to replace the death penal­ty with a max­i­mum sen­tence of life with­out parole. The same com­mit­tee had reject­ed sim­i­lar bills sev­er­al times…

Death Penalty Repeal Bill Advances with Bi-Partisan Support in Montana

Costs

Feb 07, 2013

EDITORIALS: Montana Paper Calls for Repeal

A recent edi­to­r­i­al in the Great Falls Tribune in Montana out­lined some of the key prob­lems with the death penal­ty as the state leg­is­la­ture con­sid­ers its repeal. The edi­tors expressed con­cerns about the ri…

EDITORIALS: Montana Paper Calls for Repeal

Recent Legislative Activity

Feb 04, 2013

Conservatives and Republicans Support Death Penalty Repeal Bill in Montana

A bipar­ti­san group of leg­is­la­tors in Montana will intro­duce a bill to replace the state’s death penal­ty with a sen­tence of life with­out parole. The spon­sors include two Republicans and two Democrats. A coali­tion of con­ser­v­a­tive la…

Conservatives and Republicans Support Death Penalty Repeal Bill in Montana
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View Information by State

Additional Information


  • Death Penalty: Yes
  • Number of Executions Since 1976: 3
  • Number of Executions Before 1976 (may include federal and military executions): 71
  • Current Death Row Population: 2
  • Women on Death Row: 0
  • Number of Innocent Persons Freed From Death Row: 1
  • Number of Clemencies Granted: 1
  • Date of Reinstatement (following Furman v. Georgia): March 1, 1974
  • First Execution After Reinstatement: 1995
  • Location of Death Row/Executions: Montana State Prison, Deer Lodge Deer (Women: Warm Springs)
  • Capital: Helena
  • Region: West
  • Population: 1,084,225*
  • Murder rate (per 100,000 population): 2.53
  • Is Life Without Parole an Option?: Yes
  • Can a defendant get death for a felony in which s/he was not responsible for the murder?: Yes
  • Method of Execution: Lethal Injection
  • How is Sentence Determined?: Jury decides on aggravators; Judge decides sentence
  • Clemency Process: Governor may receive a non-binding recommendation of clemency from a board or advisory group
  • Governor: Greg Gianforte

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