Life Without Parole Laws in States That Recently Repealed the Death Penalty

Since 2007, eleven states have abol­ished the death penal­ty; all uti­lize sen­tences of life with­out parole (LWOP). Those states have tak­en a vari­ety of approach­es in amend­ing their laws regard­ing crimes that were death eli­gi­ble. The chart below com­pares how the states address sen­tenc­ing in those cases.

Notes: New Mexico, Connecticut, Maryland, and New Hampshire abol­ished the death penal­ty prospec­tive­ly but still had inmates on death row. Maryland’s Governor Martin O’Malley com­mut­ed the sen­tences of the remain­ing death-row pris­on­ers to life with­out parole. The Connecticut Supreme Court declared the post-repeal appli­ca­tion of the state’s death penal­ty to the pris­on­ers remain­ing on its death row to vio­late the state con­sti­tu­tion, and as each case came before the Court direct­ed the low­er courts to resen­tence the pris­on­ers to life with­out parole. The New Mexico Supreme Court struck down the death sen­tences imposed on the state’s two remain­ing death-row pris­on­ers, find­ing them dis­pro­por­tion­ate to the sen­tences imposed for sim­i­lar murders. 

Suggested changes are wel­come. Much of the infor­ma­tion on life-sen­tenc­ing pro­ce­dures is based on DPIC’s ques­tions to state lit­i­ga­tors (as of September 2013). Delaware, Washington, Virginia, and New Hampshire infor­ma­tion is based on DPIC research.

State
(Yr. of Abolition)
Is there a sep­a­rate offense pun­ish­able by LWOP?Is LWOP manda­to­ry upon con­vic­tion of this offense?If not, what cri­te­ria deter­mine who gets LWOP?Are spe­cial tri­al pro­ce­dures used?Is a jury involved in deter­min­ing an LWOP sen­tence? Does it have to be unan­i­mous?
Colorado (2020)Yes, for defen­dants charged after July 1, 2020, LWOP is the only sen­tenc­ing option for mur­der in the first degree.YesN/​ANoNo, it is auto­mat­ic if a defen­dant is con­vict­ed of mur­der in the first degree.
Connecticut
(2012)
Yes, LWOP is the only sen­tenc­ing option for mur­der with spe­cial cir­cum­stances,” which used to be the death-eli­gi­ble crime, cap­i­tal felony.”YesN/​ANoNo, it is auto­mat­ic if a defen­dant is con­vict­ed of mur­der with spe­cial circumstances.
Delaware
(2016)
Only the cap­i­tal sen­tenc­ing por­tion of the Delaware homi­cide statute was declared uncon­sti­tu­tion­al. The alter­na­tive sen­tence remains impris­on­ment for the remain­der of his nat­ur­al life with­out ben­e­fit of parole or any oth­er reduction.”With the inval­i­da­tion of the state’s cap­i­tal sen­tenc­ing pro­vi­sions, LWOP is the only sen­tenc­ing option for cap­i­tal murder.N/​ANoNo. A life sen­tence is now auto­mat­ic if a defen­dant is con­vict­ed of cap­i­tal murder
Illinois
(2011)
LWOP is a sen­tenc­ing option for first degree murder.Not all 1st degree mur­ders are eli­gi­ble for LWOP. When applic­a­ble, LWOP is either dis­cre­tionary or manda­to­ry depend­ing on the rel­e­vant aggra­vat­ing fac­tors. In cas­es where it is dis­cre­tionary, the alter­na­tive is a prison term of 20 to 100 years.Certain statu­to­ry aggra­vat­ing fac­tors or a find­ing that the mur­der was accom­pa­nied by excep­tion­al­ly bru­tal or heinous behav­ior, indica­tive of wan­ton cruelty.”When seek­ing LWOP (oth­er than based on a pri­or con­vic­tion), the Illinois Apprendi fix” statute applies, 725 ILCS 5/​111 – 3(c‑5).Yes, a jury must be unan­i­mous in a sen­tenc­ing deci­sion for LWOP.
Maryland
(2013)
Yes, cap­i­tal mur­der” still exists by statute, and is pun­ish­able with a max­i­mum sen­tence of LWOP.No, LWOP is con­sid­ered an enhanced” sentence.The deci­sion to seek LWOP over life with parole is up to the prosecutor.NoNo, sen­tenc­ing is by a judge.
New Hampshire
(2019)
Yes, cap­i­tal mur­der” is now pun­ish­able by a manda­to­ry sen­tence of LWOP.YesN/​ANoNo. A life sen­tence is now auto­mat­ic if a defen­dant is con­vict­ed of cap­i­tal murder
New Jersey
(2007)
Yes, crimes that were pre­vi­ous­ly death-eli­gi­ble are now pun­ish­able by a max­i­mum sen­tence of LWOP.NoLWOP is imposed if the pros­e­cu­tor proves cer­tain aggra­vat­ing cir­cum­stances beyond a rea­son­able doubt.Unless the defen­dant waives jury tri­al, the jury must find the aggra­vat­ing cir­cum­stances beyond a rea­son­able doubt, either as part of the tri­al in chief or in a sep­a­rate hear­ing. As with the death penal­ty, the only aggra­vat­ing fac­tor that has to be proven in a bifur­cat­ed pro­ceed­ing is pri­or mur­der. Others would have to be proven in a sec­ond pro­ceed­ing if they are not already ele­ments of the crimes that defen­dant is tried for in what used to be called the guilt phase.”Yes, a jury deter­mines the sen­tence and must unan­i­mous­ly find the aggra­vat­ing fac­tors were proven beyond a rea­son­able doubt.
New Mexico
(2009)
Yes, crimes that were pre­vi­ous­ly death-eli­gi­ble are now pun­ish­able by a max­i­mum sen­tence of LWOP.If a jury finds the alleged aggra­vat­ing cir­cum­stance, LWOP is imposed. Otherwise, the defen­dant receives a sen­tence of life in prison with a pos­si­bil­i­ty of parole after 30 years.Statutory aggra­vat­ing fac­tors must be found in order to receive a sen­tence of LWOP.NoA jury must unan­i­mous­ly find that the alleged aggra­vat­ing fac­tor was present in order for a defen­dant to receive LWOP.
New York
(2007)
Yes, aggra­vat­ed mur­der of a police offi­cer is pun­ish­able only by LWOP. For first-degree mur­der, LWOP or life with parole may be imposed.LWOP is manda­to­ry for defen­dants con­vict­ed of aggra­vat­ed mur­der of a
police offi­cer. In first-degree mur­der cas­es, LWOP is a sen­tenc­ing
option.
A judge has dis­cre­tion in deter­min­ing the sen­tence for first-degree murder.NoA jury decides only guilt or inno­cence, and must be unan­i­mous. Sentencing is by a judge.
Virginia (2021)Yes, for defen­dants 18 years or old­er at the time of the offense, LWOP is the only sen­tenc­ing option for aggra­vat­ed murder.YesN/​ANo
Washington
(2018)
Only the cap­i­tal sen­tenc­ing por­tion of the Washington’s homi­cide statute
was declared uncon­sti­tu­tion­al. The sen­tence for aggra­vat­ed first-degree mur­der is LWOP.
YesN/​ANoNo