Michelle Curran, 16, was walking to her high school in Las Vegas on the morning of April 4, 2001, when she was kidnapped by 21-year-old Janeen Snyder and her 45-year-old boyfriend, Michael Thornton. For 13 days, the couple abused and tortured Michelle before they shot her in the head and left her body in a horse trailer in Southern California.

In 2006, Snyder and Thornton were both convicted of murder and sentenced to death.

“It was sick what these people did to her,” Michelle’s mother, Candy Curran, told reporters after the conviction. “They got what they deserved.”

Michelle’s torture and murder is exactly the kind of horrific crime that the death penalty is intended for. But two decades later, those sentences have yet to be carried out, and Snyder and Thornton remain on death row. In 2019, California Governor Gavin Newsom put a moratorium on all executions in the state, declaring that capital punishment is fundamentally flawed.

California’s moratorium is part of a broader move away from the death penalty. Last year, Virginia became the 23rd state to abolish the death penalty. It’s one of seven states that have eliminated capital punishment in the past decade. Besides California, two more states that allow the death penalty—Oregon and Pennsylvania—have officially halted all executions (see map, below).

Even in the places where the death penalty remains on the books, it’s being used less. Fifteen death penalty states haven’t executed anyone in the past five years. New death sentences nationwide are down from a high of 315 in 1996 to 18 in 2021. Annual executions have dropped from 98 in 1999 to 11 in 2021.

“The death penalty is disappearing in most of the country—that’s been a 25-year trend,” says Robert Dunham, executive director of the Death Penalty Information Center, which opposes the practice. “There are only a handful of states in which it is actually being carried out.”

On the morning of April 4, 2001, Michelle Curran, 16, was walking to her high school in Las Vegas. On her way, she was kidnapped by 21-year-old Janeen Snyder and her 45-year-old boyfriend, Michael Thornton. For 13 days, the couple abused and tortured Michelle. Then they shot her in the head and left her body in a horse trailer in Southern California.

In 2006, Snyder and Thornton were both found guilty of murder and sentenced to death.

“It was sick what these people did to her,” Michelle’s mother, Candy Curran, told reporters after the conviction. “They got what they deserved.”

Michelle’s torture and murder is exactly the kind of horrific crime that the death penalty is intended for. But two decades later, those sentences have yet to be carried out. Today, Snyder and Thornton remain on death row. In 2019, California Governor Gavin Newsom put a hold on all executions in the state. He declared that capital punishment is flawed at its core.

California’s ban is part of a broader move away from the death penalty. Last year, Virginia became the 23rd state to end the death penalty. It’s one of seven states that have eliminated capital punishment in the past decade. Besides California, two more states that allow the death penalty—Oregon and Pennsylvania—have officially halted all executions (see map, below).

Even in the places where the death penalty remains on the books, it’s being used less. Fifteen death penalty states haven’t executed anyone in the past five years. New death sentences nationwide are down from a high of 315 in 1996 to 18 in 2021. Annual executions have dropped from 98 in 1999 to 11 in 2021.

“The death penalty is disappearing in most of the country—that’s been a 25-year trend,” says Robert Dunham, executive director of the Death Penalty Information Center, which opposes the practice. “There are only a handful of states in which it is actually being carried out.”

There has long been a debate over the ethics and usefulness of capital punishment. Should the government put people to death? Does the Eighth Amendment to the Constitution, which prohibits “cruel and unusual punishments,” allow it? And is death the right punishment for the worst crimes?

A majority of Americans—54 percent, according to a Gallup poll—still say they support the death penalty for convicted murderers. But that number has dropped considerably since 1994, when 80 percent of Americans supported it.

“What we’re seeing is the death penalty withering on the vine without any need for the Supreme Court to be involved,” says Brandon Garrett, a law professor at Duke University who’s written a book about the death penalty. “There are only a handful of counties in the country that are imposing the death penalty. We shouldn’t even talk about ‘death penalty states.’ We should talk about ‘death penalty counties.’”

But supporters of capital punishment see it as a critical part of our justice system.

“For some crimes, anything less is not justice,” says Kent Scheidegger of the Criminal Justice Legal Foundation, a victims’ rights group. “For the families of victims, there is a sense of relief and finality when the death penalty is actually carried out.”

Scheidegger also believes that putting a convicted murderer to death is the only certain way to prevent that person from doing harm again.

Americans have long debated the morality of capital punishment. Many death penalty supporters interpret the biblical phrase “an eye for an eye and a tooth for a tooth” to mean that those who commit murder should meet the same fate.

There has long been a debate over the ethics and usefulness of capital punishment. Should the government put people to death? Does the Eighth Amendment to the Constitution, which bans “cruel and unusual punishments,” allow it? And is death the right punishment for the worst crimes?

A majority of Americans—54 percent, according to a Gallup poll—still say they support the death penalty for convicted murderers. But that number has dropped by a large amount since 1994. Back then, 80 percent of Americans supported it.

“What we’re seeing is the death penalty withering on the vine without any need for the Supreme Court to be involved,” says Brandon Garrett, a law professor at Duke University who’s written a book about the death penalty. “There are only a handful of counties in the country that are imposing the death penalty. We shouldn’t even talk about ‘death penalty states.’ We should talk about ‘death penalty counties.’”

But supporters of capital punishment see it as a key part of our justice system.

“For some crimes, anything less is not justice,” says Kent Scheidegger of the Criminal Justice Legal Foundation, a victims’ rights group. “For the families of victims, there is a sense of relief and finality when the death penalty is actually carried out.”

Scheidegger also believes that putting a convicted murderer to death is the only certain way to keep that person from doing harm again.

Americans have long debated whether capital punishment is moral. Many death penalty supporters cite the biblical phrase “an eye for an eye and a tooth for a tooth.” They say the phrase means that those who commit murder should meet the same fate.

Death penalty supporters argue that capital punishment serves as a deterrent, stopping would-be killers, since they fear the possibility of execution. And many think that putting a killer to death can bring some closure and sense of justice to a victim’s family.

Opponents argue that killing is wrong no matter who’s doing it, even if it’s the government, and that it’s too final a punishment in a world where mistakes can happen. Indeed, 190 death row inmates have been exonerated since 1973, based on DNA and other evidence.

Opponents also point to statistics that indicate the death penalty discriminates against African Americans, who make up about 14 percent of the U.S. population but more than 40 percent of death row inmates.

Internationally, more than 70 percent of the world’s countries, including all of Europe except Belarus, have abolished the death penalty. According to Amnesty International, a human rights group, the countries that execute the most people are China, Iran, Egypt, Saudi Arabia, and Syria. (In 2021, the U.S. ranked eighth on the list.)

“The United States is totally an outlier,” says Carol Steiker, a professor at Harvard Law School with expertise in the death penalty. “We’re the only Western developed country that still has the death penalty.”

Death penalty supporters argue that capital punishment helps stop would-be killers. They say people fear the possibility of execution. And many think that putting a killer to death can bring some closure and a sense of justice to a victim’s family.

Opponents argue that killing is wrong no matter who’s doing it, even if it’s the government. They also say that it’s too final a punishment in a world where mistakes can happen. Indeed, 190 death row inmates have been cleared of crimes since 1973, based on DNA and other evidence.

Opponents also point to statistics that show the death penalty targets African Americans. African Americans make up about 14 percent of the U.S. population but more than 40 percent of death row inmates.

Across the globe, more than 70 percent of the world’s countries have ended the death penalty. That includes all of Europe except Belarus. According to Amnesty International, a human rights group, the countries that execute the most people are China, Iran, Egypt, Saudi Arabia, and Syria. (In 2021, the U.S. ranked eighth on the list.)

“The United States is totally an outlier,” says Carol Steiker, a professor at Harvard Law School with expertise in the death penalty. “We’re the only Western developed country that still has the death penalty.”

The death penalty in the U.S. dates to colonial times, when European settlers brought capital punishment to the New World. For centuries, hanging was the most common method (see “Methods of Execution,” below). By the 1950s, most states were using either the gas chamber or electric chair.

In 1972, the Supreme Court seemed to be on the verge of declaring capital punishment unconstitutional, because it said the standards for applying it were arbitrary and inconsistent. Instead, the Court imposed a moratorium on executions until states could ensure that it was being reserved for the worst offenders. The death penalty was reintroduced in 1976.

Since then, at least 1,550 people have been put to death, most by lethal injection. Looking for a method of execution that would be more humane and less gruesome than the electric chair or hanging, states turned to lethal injection in the 1980s.

The death penalty in the U.S. dates to colonial times. During that period, European settlers brought capital punishment to the New World. For centuries, hanging was the most common method (see “Methods of Execution,” below). By the 1950s, most states were using either the gas chamber or electric chair.

In 1972, the Supreme Court seemed to be on the verge of declaring capital punishment unconstitutional. The Court said the standards for applying it were inconsistent. Instead, the Court banned executions until states could ensure that the death penalty was being used for only the worst offenders. The death penalty was reintroduced in 1976.

Since then, at least 1,550 people have been put to death. Most of them have died by lethal injection. States wanted a method of execution that would be more humane and less gruesome than the electric chair or hanging. That’s why they turned to lethal injection in the 1980s.

But in recent years, it’s become increasingly difficult to obtain the drugs required for this method of execution. Since 2016, all major American drug manufacturers have refused to sell drugs for the purpose of executions. This has forced prison systems to try untested drug combinations and to get the drugs from compounding pharmacies—loosely regulated labs that mix drugs to order. In recent years, a number of botched executions have taken hours to carry out and seemed to cause extreme suffering, further stirring debate on whether the method is unnecessarily cruel.

Over the past 20 years, the U.S. Supreme Court has issued several rulings restricting use of the death penalty (see “Key Rulings,” below). In 2002, the Court barred the execution of the mentally disabled. Three years later, the Court ruled that capital punishment for juvenile offenders is unconstitutional.

But in recent years, it’s become more difficult to get the drugs required for this method of execution. Since 2016, all major American drug manufacturers have refused to sell drugs for executions. This has forced prison systems to try untested drug combinations. They’ve also had to get drugs from special pharmacies that mix drugs to order are less regulated.

In recent years, several botched executions have taken hours to carry out. These executions also seemed to cause extreme suffering. As a result, they’ve stirred more debate on whether the method is unnecessarily cruel.

Over the past 20 years, the U.S. Supreme Court has issued several rulings limiting the use of the death penalty (see “Key Rulings,” below). In 2002, the Court barred the execution of the mentally disabled. Three years later, the Court ruled that capital punishment for juvenile offenders is unconstitutional.

Many death penalty experts see Virginia’s decision to abolish the death penalty last year as particularly significant. Virginia had a 413-year history with capital punishment during which it executed more than 1,300 inmates, more than any other state. In the past 50 years, Virginia carried out more executions than any other state except Texas.

“It’s astonishing that a state like Virginia . . . a state that so enthusiastically embraced the death penalty is abolishing it,” says Todd Peppers, a professor at Roanoke College in Virginia. “I never thought I’d see this.”

Virginia’s then-governor, Ralph Northam, noted racial disparities in the state’s use of the death penalty: During the 20th century, 296 of the 377 inmates Virginia executed for murder—or about 79 percent—were Black.

Bills to abolish the death penalty are pending in Ohio and Pennsylvania. In both states, a bipartisan group of Republicans and Democrats are leading the efforts to end capital punishment.

Increasingly, some conservative Republicans, who have traditionally supported the death penalty, are opposing it now. For some, it costs too much and is therefore fiscally irresponsible. Others see it as inappropriate government intervention.

Many death penalty experts consider Virginia’s decision to end the death penalty last year to be important. Virginia had a 413-year history with capital punishment. During that time, the state executed more than 1,300 inmates, more than any other state. In the past 50 years, Virginia carried out more executions than any other state except Texas.

“It’s astonishing that a state like Virginia . . . a state that so enthusiastically embraced the death penalty is abolishing it,” says Todd Peppers, a professor at Roanoke College in Virginia. “I never thought I’d see this.”

Virginia’s then-governor, Ralph Northam, noted racial differences in the state’s use of the death penalty. During the 20th century, 296 of the 377 inmates Virginia executed for murder—or about 79 percent—were Black.

Bills to eliminate the death penalty are pending in Ohio and Pennsylvania. In both states, Republicans and Democrats are working together to end capital punishment.

Conservative Republicans have traditionally supported the death penalty. Some of them are opposing it now. For some of them, it costs too much and is therefore financially irresponsible. Others see it as inappropriate government intervention.

“I don’t trust the government to deliver my mail on time—why in the world would I trust the government with literally my life?” says Demetrius Minor of Conservatives Concerned About the Death Penalty. “The death penalty is giving the state way more power than it should have.”

Despite the dwindling use of capital punishment, legal experts say the current Supreme Court isn’t likely to rule against the death penalty anytime soon. But the Court may not be able to ignore the trends on the ground forever.

In assessing whether a punishment is constitutional, Steiker says the Court looks at whether it’s “consistent with evolving standards of decency.” In other words, she says, the less capital punishment is being used, the more it looks out of step with current standards of decency.

“The really, really reduced use of the death penalty lays the groundwork for an eventual constitutional abolition,” Steiker says. “Eventually, that will be how American abolition happens. And I do think it will happen, but not in my generation.”

“I don’t trust the government to deliver my mail on time—why in the world would I trust the government with literally my life?” says Demetrius Minor of Conservatives Concerned About the Death Penalty. “The death penalty is giving the state way more power than it should have.”

Despite the fading use of capital punishment, legal experts say the current Supreme Court isn’t likely to rule against the death penalty anytime soon. But the Court may not be able to ignore the trends on the ground forever.

In examining whether a punishment is constitutional, Steiker says the Court looks at whether it’s “consistent with evolving standards of decency.” In other words, she says, the less capital punishment is being used, the more it looks out of step with current standards of decency.

“The really, really reduced use of the death penalty lays the groundwork for an eventual constitutional abolition,” Steiker says. “Eventually, that will be how American abolition happens. And I do think it will happen, but not in my generation.”

With reporting by Hailey Fuchs of The Times.

With reporting by Hailey Fuchs of The Times.