Story
August 12, 2026
Alabama's Death Penalty, Part 3: The Numbers Behind Capital Punishment and its Future
Country:
Alabama remains one of the nation’s most active death penalty states, yet many residents know little...
While supporters argue capital punishment provides justice for victims and their families, critics contend the system is facing increasing legal, ethical, and constitutional scrutiny.
In Part Three of ABC 33/40's four-part investigative series, we examine the broader trends shaping the death penalty—not just in Alabama, but across the United States.
Drawing on national data and legal research, experts say the debate has evolved beyond whether the death penalty should exist. Increasingly, the focus is on whether the system is being administered fairly, consistently, and transparently.
As a nonprofit journalism organization, we depend on your support to fund more than 170 reporting projects every year on critical global and local issues. Donate any amount today to become a Pulitzer Center Champion and receive exclusive benefits!
A Changing Landscape
Robin Maher, executive director of the Death Penalty Information Center, says the use of capital punishment has changed dramatically over the past several decades.
According to the organization's research, juries nationwide are increasingly choosing sentences of life without the possibility of parole instead of death. Public support for capital punishment has also declined compared with previous decades, while new death sentences have reached historic lows.
Those national trends are reflected in courtrooms across the country, where prosecutors, defense attorneys, juries, and judges continue weighing the most serious criminal cases under evolving legal standards.
Although Alabama remains one of the nation's most active death penalty states, the state's experience has increasingly become part of a broader national discussion about the future of capital punishment.
Tomorrow, Alabama is set to carry out its first execution of the year.
Jeremy Williams is scheduled to die by lethal injection for the 2021 rape and murder of 5-year-old Kamarie Holland.
Alabama is one of THREE states preparing for executions on the same day. @abc3340 pic.twitter.com/kp4wJ3N0r5— Ashonti Ford (@AshontiFordTV) August 13, 2026
Alabama's Role in the National Debate
That conversation intensified when Alabama became the first state to execute an inmate using nitrogen hypoxia.
Supporters of the method argue it offers a constitutional means of carrying out lawful death sentences after ongoing legal and practical challenges surrounding lethal injection.
Opponents argue the procedure was implemented without prior real-world use and continue to question whether it complies with constitutional protections against cruel and unusual punishment.
The legal challenges surrounding nitrogen hypoxia continue to be closely watched by courts, lawmakers, and other states considering future execution protocols.
State Leaders Remain Divided
Even as national trends shift, Alabama's political leaders continue to take differing approaches to capital punishment.
Earlier this year, Governor Kay Ivey signed the Child Predator Death Penalty Act, saying Alabama should impose its harshest punishment for the most egregious crimes committed against children.
In a separate and highly unusual decision, however, the governor commuted the death sentence of Charles "Sonny" Burton to life imprisonment without parole. In announcing the decision, Ivey said she could not, "in good conscience," allow Burton to be executed when the individual identified as the actual shooter received a life sentence.
Attorney General Steve Marshall publicly disagreed with the commutation, noting that Burton's conviction and sentence had been upheld through decades of judicial review. Marshall reaffirmed his office's commitment to seeking death sentences in the state's most serious murder cases when authorized under Alabama law.
Those differing decisions underscore the complexity of capital punishment, even among leaders who generally support its use.
Calls for Greater Transparency
Maher argues that one of the most significant issues surrounding capital punishment is public transparency.
She believes taxpayers should have greater access to information about how executions are carried out, how much the system costs, and how decisions surrounding capital punishment are made.
Supporters of greater transparency argue that because executions are carried out by the government using public resources, citizens deserve a clear understanding of how those decisions are implemented.
State officials have maintained that Alabama's execution procedures comply with the law while defending the state's administration of capital punishment.
The Question of Accuracy
Perhaps the most enduring debate surrounding the death penalty concerns the possibility of wrongful convictions.
Maher points to national data documenting more than 200 people who have been exonerated after being sentenced to death. She says those cases demonstrate the importance of ensuring accuracy and reliability throughout every stage of the criminal justice process.
Supporters of capital punishment respond that today's legal system includes extensive safeguards—including multiple appeals, state and federal judicial review, and executive clemency—to reduce the risk of wrongful executions while ensuring justice for victims and their families.
Supporters of greater transparency argue that because executions are carried out by the government using public resources, citizens deserve a clear understanding of how those decisions are implemented.
The issue remains one of the central questions in the national debate over the death penalty: How can the justice system ensure both accountability for the most serious crimes and confidence that every case has been decided fairly?
A Debate That Continues
Whether viewed as an essential tool of justice or a punishment that should be reconsidered, capital punishment continues to generate passionate arguments from every side.
The conversation extends far beyond the execution chamber, influencing courtrooms, legislative chambers, governor's offices, and communities across Alabama and the nation.
As the state continues to shape the national discussion surrounding the death penalty, the questions surrounding fairness, transparency, constitutional protections, and justice remain unresolved.
Coming Next
In the final installment of this investigative series, we go inside a district attorney's office to examine how prosecutors decide whether to seek the death penalty. We'll explore the legal standards, the factors considered before a capital case ever reaches a jury, and the difficult decisions made long before an execution date is ever set.
Join me, Ashonti Ford, as we conclude this four-part examination of Alabama's death penalty system and the people responsible for carrying out one of the most consequential decisions in American criminal justice.
