Capital punishment Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...

was a legal penalty in the U.S. state of

New Hampshire New Hampshire is a U.S. state, state in the New England region of the northeastern United States. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...

for persons convicted of

capital murder Capital murder was a statutory offence of aggravated murder in Great Britain, and Northern Ireland, and the Republic of Ireland, which was later adopted as a legal provision to define certain forms of aggravated murder in the United States. In som ...

prior to 30 May 2019. On 30 May 2019, the

New Hampshire Senate The New Hampshire Senate has been meeting since 1784. It is the upper house of the New Hampshire General Court, alongside the lower New Hampshire House of Representatives. It consists of 24 members representing Senate districts based on population ...

voted 16–8 to override Governor

Chris Sununu Christopher Thomas Sununu ( ; born November 5, 1974) is an American politician and engineer who has served as the 82nd governor of New Hampshire since 2017. A member of the Republican Party, Sununu was a member of the New Hampshire Executive Co ...

veto A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto ...

of House Bill 455, which changed the punishment of capital murder from capital punishment to life in prison. Earlier, on April 26, the

New Hampshire House of Representatives The New Hampshire House of Representatives is the lower house in the New Hampshire General Court, the bicameral legislature of the state of New Hampshire. The House of Representatives consists of 400 members coming from 204 legislative district ...

had voted 247–123 to override the veto. In both chambers, the measure to override the governor's veto passed by a single vote to secure the two thirds majority required. New Hampshire was the last state in

New England New England is a region comprising six states in the Northeastern United States: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. It is bordered by the state of New York to the west and by the Canadian provinces ...

to allow capital punishment by law, and is the 21st state to abolish capital punishment. The abolition of capital punishment does not affect Michael "Stix" Addison, who was sentenced to death in 2008 for the murder of

Manchester Manchester () is a city in Greater Manchester, England. It had a population of 552,000 in 2021. It is bordered by the Cheshire Plain to the south, the Pennines to the north and east, and the neighbouring city of Salford to the west. The t ...

police officer Michael L. Briggs. He is the only person on

death row Death row, also known as condemned row, is a place in a prison that houses inmates awaiting Capital punishment, execution after being convicted of a capital crime and sentenced to death. The term is also used figuratively to describe the state of ...

in New Hampshire; the new law does not apply retroactively to his case. The primary method was

lethal injection Lethal injection is the practice of injecting one or more drugs into a person (typically a barbiturate, paralytic, and potassium solution) for the express purpose of causing rapid death. The main application for this procedure is capital puni ...

, with

hanging Hanging is the suspension of a person by a noose or ligature around the neck.Oxford English Dictionary, 2nd ed. Hanging as method of execution is unknown, as method of suicide from 1325. The ''Oxford English Dictionary'' states that hanging i ...

as a secondary method if lethal injection was deemed "impractical" by the State Commissioner of Corrections. The state carried out 24 executions for capital punishment, most recently in July 1939, with the execution of

Howard Long Howard Long (September 21, 1905 – July 14, 1939) was an American convicted murderer who was executed for the 1937 murder of 10-year-old Mark Neville Jensen in Gilford, New Hampshire. He was the last person to be executed by the state of New Ham ...

Status prior to 2019

Legal process

When the prosecution chose to seek the death penalty, the sentence was decided by the

jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty o ...

and had to be unanimous. In the case of a

hung jury A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. Hung jury usually results in the case being tried again. ...

during the penalty phase of the trial, a life sentence was issued, even if a single juror opposed death (there was no retrial). The

governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

has the power of clemency with respect to death sentences, with advice of the executive council.

Capital murder

Capital murder was the only crime for which people, who were convicted prior to May 30, 2019, could be executed in the state. With the abolishment of the death penalty on May 30, only the sentence of death was replaced by mandatory life in prison. A person is guilty of capital murder if they knowingly caused the death of: #A

sheriff A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...

or deputy sheriff, state trooper, constable or police officer of a city or town, correctional officer, probation-parole officer, conservation officer, judge or similar person, state or local prosecutor acting in the line of duty or in retaliation for their job. #Another before, after, while engaged or attempting to commit a

kidnapping In criminal law, kidnapping is the unlawful confinement of a person against their will, often including transportation/asportation. The asportation and abduction element is typically but not necessarily conducted by means of force or fear: the p ...

. #Another after conspiring with a third to commit a contract killing. #Another after being sentenced to life imprisonment without parole. #Another before, after, while engaged or attempting to commit aggravated felonious

sexual assault Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence, which ...

. #Another before, after, while engaged in the commission of, or while attempting to commit robbery. #Another before, after, while engaged or attempting to commit a drug offense. Since the state's execution of

on July 14, 1939, eight people have been charged with capital murder. Three were convicted but received a mandatory

life imprisonment Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...

without parole sentence. In three other cases, capital murder charges were resolved before trial, twice because the

New Hampshire Supreme Court The New Hampshire Supreme Court is the supreme court of the U. S. state of New Hampshire and sole appellate court of the state. The Supreme Court is seated in the state capital, Concord. The Court is composed of a Chief Justice and four Associate ...

ruled the law authorizing the death penalty to be unconstitutional.

Methods

After a person was convicted of capital murder, a separate penalty phase was carried out using the same jury. The jury weighed a variety of aggravating and mitigating circumstances. If a person had been convicted of capital murder and was not sentenced to death, the mandatory sentence was life imprisonment without possibility of parole (LWOP), the same sentence as for

first-degree murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the c ...

. Executions must be carried out no sooner than one year after the sentencing. Death row for men and the execution are at the

New Hampshire State Prison for Men New Hampshire State Prison for Men (NHSPM) is a New Hampshire Department of Corrections prison in New Hampshire, United States. Located in Concord, New Hampshire, it is equipped to accept maximum, medium, and minimum security prisoners. Opened in ...

Concord Concord may refer to: Meaning "agreement" * Pact or treaty, frequently between nations (indicating a condition of harmony) * Harmony, in music * Agreement (linguistics), a change in the form of a word depending on grammatical features of other ...

. According to state law:

The punishment of death shall be inflicted by continuous, intravenous administration of a lethal quantity of an ultrashort-acting
barbiturate Barbiturates are a class of depressant drugs that are chemically derived from barbituric acid. They are effective when used medically as anxiolytics, hypnotics, and anticonvulsants, but have physical and psychological addiction potential as we ...
in combination with a chemical paralytic agent…

It was also possible for executions to be carried out by hanging if it was found:

…to be impractical to carry out the punishment of death by administration of the required lethal substance or substances, the sentence of death may be carried out by hanging…

Public opinion

In a 2008 poll conducted for the ''

Concord Monitor The ''Concord Monitor'' is the daily newspaper for Concord, the state capital of New Hampshire. It also covers surrounding towns in Merrimack County, most of Belknap County, as well as portions of Grafton, Rockingham and Hillsborough counti ...

'', 57 percent of likely voters supported the death penalty in police killing cases, 39 percent favored life in prison without parole, and 4 percent weren't sure.

Earlier history

Since 1734, twenty-four people have been executed in the state for capital murder, the last in 1939.

1739–1942

*In 1739, two women were the first convicts to be executed in the state, both convicted of "feloniously concealing the death of a ... infant bastard child".

Provincial Provincial may refer to: Government & Administration * Provincial capitals, an administrative sub-national capital of a country * Provincial city (disambiguation) * Provincial minister (disambiguation) * Provincial Secretary, a position in Can ...

laws at the time required capital punishment for

murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...

rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...

homosexual acts Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to peo ...

abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...

, bestiality,

burglary Burglary, also called breaking and entering and sometimes housebreaking, is the act of entering a building or other areas without permission, with the intention of committing a criminal offence. Usually that offence is theft, robbery or murder ...

counterfeit To counterfeit means to imitate something authentic, with the intent to steal, destroy, or replace the original, for use in illegal transactions, or otherwise to deceive individuals into believing that the fake is of equal or greater value tha ...

ing and

treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...

. *On May 8, 1755, Eliphas Dow became the first man to be executed in New Hampshire. He was executed in

Portsmouth Portsmouth ( ) is a port and city in the ceremonial county of Hampshire in southern England. The city of Portsmouth has been a unitary authority since 1 April 1997 and is administered by Portsmouth City Council. Portsmouth is the most dens ...

for murder. *In 1796, Thomas Powers, an

African American African Americans (also referred to as Black Americans and Afro-Americans) are an ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American" generally denotes descendants of ens ...

, was hanged for rape. He was the first black person to be executed in the state. *On January 3, 1822, Daniel Davis Farmer was hanged in

Amherst Amherst may refer to: People * Amherst (surname), including a list of people with the name * Earl Amherst of Arracan in the East Indies, a title in the British Peerage; formerly ''Baron Amherst'' * Baron Amherst of Hackney of the City of London, ...

for the murder of Ann Ayer in Goffstown in April 1821. *In 1868, hangings were moved to the State Prison in Concord, after a riot followed the execution of Samuel Mills on the main street of Woodsville. Prior to the 1868 execution, hangings were carried out in public. *In 1903, the punishment for murder in the first degree was changed from death, to death or imprisonment for life as the jury may determine... If the jury shall find the respondent guilty of murder in the first degree, the punishment shall be life imprisonment unless the jury shall add to their verdict the words, with capital punishment. *In 1939,

, a storekeeper from

Alton Alton may refer to: People *Alton (given name) *Alton (surname) Places Australia *Alton National Park, Queensland * Alton, Queensland, a town in the Shire of Balonne Canada * Alton, Ontario *Alton, Nova Scotia New Zealand * Alton, New Zealand, ...

, Long was hanged at the New Hampshire State Prison in Concord on July 14, 1939, for molesting and fatally beating 10-year-old Mark Neville Jensen, from

Laconia Laconia or Lakonia ( el, Λακωνία, , ) is a historical and administrative region of Greece located on the southeastern part of the Peloponnese peninsula. Its administrative capital is Sparta. The word ''laconic''—to speak in a blunt, c ...

. *In 1949, Ralph Jennings, a black man, was sentenced to be hanged for the murder of

New Jersey New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...

nanny Ruth Eisenberg. Her body was found by hunters on a dirt road with panties shoved down her mouth along with a watch. Jennings was not executed but committed suicide in his cell by hanging himself. Jennings was convicted after a jury trial in Carroll County. The provided evidence insinuated it was a sex crime/homicide. The case became a national sensation and newspapers called Jennings a sex-murderer. Medical testimony stated the cause of death was asphyxiation.

''Furman v. Georgia'' (1972)

In 1959, Frederick Martineau and Russell Nelson were convicted of murdering a businessman in a

Nashua Nashua may refer to: * Nashaway people, Native American tribe living in 17th-century New England Places In Australia: * Nashua, New South Wales In the United States: * Nashua, California * Nashua, Iowa * Nashua, Minnesota * Nashua, Kansas City ...

parking lot, who was scheduled to testify in a

Rhode Island Rhode Island (, like ''road'') is a U.S. state, state in the New England region of the Northeastern United States. It is the List of U.S. states by area, smallest U.S. state by area and the List of states and territories of the United States ...

burglary case. Martineau and Nelson received 13 stays of execution. They were spared the death penalty in 1972 when the

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

ruled in ''

Furman v. Georgia ''Furman v. Georgia'', 408 U.S. 238 (1972), was a landmark criminal case in which the United States Supreme Court invalidated all then existing legal constructions for the death penalty in the United States. It was 5–4 decision, with each mem ...

'', that "unitary trial" procedure, in which the jury was asked to return a verdict of guilt or innocence and, simultaneously, determine whether the defendant would be punished by death or life imprisonment, was in violation of the

Eighth Amendment to the United States Constitution The Eighth Amendment (Amendment VIII) to the United States Constitution protects against imposing excessive bail, excessive fines, or cruel and unusual punishments. This amendment was adopted on December 15, 1791, along with the rest of the ...

1970–present

*In 1971, the state legislature enacted RSA 630:1 Capital Murder. In 1977, RSA 630:1 III was amended by the legislature so that a person convicted of a capital murder "may" be punished by death, instead of "shall be" punished by death. In 1988, killing another after being sentenced to life imprisonment without parole pursuant was added to RSA 630:1. Also, probation-parole officer was added to the list of law enforcement officers contained in Paragraph II of the statute. *In 1990, causing the death of another before, after, while engaged or attempting to commit aggravated felonious

, or an offense punishable under RSA 318-B:26, I(a) or (b) of the Controlled Drug Act was added as an aggravating element that might cause a crime to be classified as capital murder. In 1994, killing a "judicial officer" was added to the criteria for capital murder, and retaliation for a person's actions in the line of duty was added. *In 1992, the New Hampshire State Prison dismantled its

gallows A gallows (or scaffold) is a frame or elevated beam, typically wooden, from which objects can be suspended (i.e., hung) or "weighed". Gallows were thus widely used to suspend public weighing scales for large and heavy objects such as sacks ...

. *In 2000, Governor

Jeanne Shaheen Cynthia Jeanne Shaheen ( ; née Bowers, born January 28, 1947) is an American retired educator and politician serving as the senior United States senator from New Hampshire since 2009. A member of the Democratic Party, Shaheen served as the 78th ...

vetoed legislation to abolish the death penalty. The act had passed the

House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...

191-163 and the

Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...

14–10. A two-thirds majority to overturn the veto was not achieved. *In 2004, Governor

Craig Benson Craig R. Benson (born October 8, 1954
...

vetoed legislation that would have raised the minimum age to execute someone from 17 to 18. Benson said:

When somebody, regardless of their age, is bold enough to take the life of a police officer, there should be no exceptions — we should make sure that they should pay the ultimate price. So I'm going to make a pledge as governor that if anyone takes the life of a police officer, I will seek the death penalty.

*In 2006, the statutory minimum age for a person punishable by death was raised from 17 to 18 years. The

U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

ruled in '' Roper v. Simmons'' (2005), that it is unconstitutional to impose the death penalty on people who were under age of 18 when they committed a capital crime. It noted that science has demonstrated the brains of minors are still unformed, and that it constituted "cruel and unusual punishment" to sentence them as adults. *In 2009, Representative Stephen Linsey introduced House Bill 556, to repeal the death penalty. The bill was suggested "Inexpedient to Legislate" by the House Judicial Committee. It passed the House by a narrow margin, but failed to pass the Senate, where the vote was tied 12-12. *In 2018, the New Hampshire State Senate and House both passed Senate Bill 593, which would prospectively abolish the death penalty but not apply retroactively to those already on death row. Governor

vetoed the bill on June 21, 2018, and an override attempt was defeated on September 13, 2018. *In 2019, the New Hampshire State Senate and House passed another repeal bill, HB 455, this time with veto-proof majorities. Nevertheless, Governor Sununu again vetoed the bill on May 3, 2019. The veto was overridden on May 30, 2019.

was the last

state to outlaw the death penalty.

Notes

#
RSA 630:5 Procedure in Capital Murder
#''State v. Oscar J. Comery'' 78 N.H. 6 (1915) citing Laws 1903, c. 114, s. 1.
Bill to abolish the death penalty
from

Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...

New Hampshire Senate votes to abolish death penalty
from

RSA 630:1 Capital Murder
#Benedetto, Christopher
A Warning to All Others: The Story of the First Executions in New Hampshire's History
. New England Historical Genealogical Society. ''citing'' New Hampshire Province Court Records, Case No. 20062, and ''

Boston News-Letter ''The Boston News-Letter'', first published on April 24, 1704, is regarded as the first continuously published newspaper in the colony of Massachusetts. It was heavily subsidized by the British government, with a limited circulation. All copies ...

'', September 7, 1739.