5 things to know: Death Row and the death penalty in Georgia

As Georgia prepares for the March 2018 execution of Carlton Gary, the “Stocking Strangler” convicted of raping and murdering three elderly women in Columbus in the late ‘70s, we take a look at some facts about Georgia’s Death Row and the death penalty in the state.

1. Death Row inmates make up a miniscule portion of the Georgia prison population. 

There are currently 55 men awaiting execution on Georgia’s Death Row. In 2017, the Georgia Department of Corrections counted 56,275 persons in all its facilities.* So Death Row inmates account for 0.097% of the Department of Corrections’ overall day-to-day population.

*NOTE: To see the variety of Ga. DCOR facilities, click here

2. Only three crimes in Georgia are punishable by death: Treason, aircraft hijacking and murder (with one of the aggravating circumstances listed below):

  1. The offender has a prior capital conviction.
  2. The offender was in the process of committing another capital crime, aggravated battery, burglary, or arson.
  3. The offender used or possessed a weapon or device capable of causing significant harm to more than one person simultaneously.
  4. The offender committed offense for monetary gain.
  5. The victim was or had been a judicial officer, district attorney, or solicitor general, and was murdered for reasons relating to their employment as such.
  6. The offender hired another to commit the murder or committed it for hire.
  7. The victim was tortured.
  8. The victim was a law enforcement officer or firefighter and was performing his/her official duties.
  9. The offender was in the custody of, or had escaped from, law enforcement or a correctional facility.
  10. The offender was resisting arrest.
  11. The offender had a prior conviction for rape, aggravated sodomy, aggravated child molestation, or aggravated sexual battery.

Everyone currently on Death Row in Georgia has been convicted of murder with aggravating circumstances. 


Rhonda Cook covers courts, the death penalty, criminal justice and public safety.

3. Death penalty cases in Georgia have become rare.

Sentences of death must be decided by juries and must be unanimous. If a single juror opposes a death sentence, resulting in a hung jury during the trial’s penalty phase, a life sentence is issued. But, as the AJC’s Bill Rankin wrote in 2016, “prosecutors almost never seek the death penalty anymore, and juries refuse to impose it when they do.”

4. Georgia has executed a total of 70 people since 1976.

Our state has been noted nationally for the number of Death Row inmates executed in recent years. In 2016, Georgia led the nation with nine executions, but in 2017 the state carried out only one death sentence. The states ahead of Georgia in total executions are Texas (548), Virginia (113), Oklahoma (112), Florida (96) and Missouri (88).

5. Georgia has been the key state involved in both landmark U.S. Supreme Court death penalty decisions.

The U.S. Supreme Court struck down the death penalty nationwide with its 5-4 decision in Furman v. Georgia (1972). The Court held that the death penalty in Furman (joined with two other cases, Jackson v. Georgia and Branch v. Texas) constituted cruel and unusual punishment, violating the Eighth and Fourteenth Amendments. This rendered the existing death penalty in the U.S. as unconstitutional, which put all executions on hold. But in the case that reinstated the death penalty nationally, Gregg v. Georgia (1976), the Court ruled that “capital punishment does not violate the Eighth or Fourteenth amendments of the United States Constitution provided it is set forth in a carefully drafted statute that ensures the sentencing authority has adequate information and guidance in reaching its decision.” In other words, states cannot impose the death penalty in an “arbitrary and capricious” manner; specific aggravating factors must be clearly set forth. Georgia did this by specifically revising its death penalty statute to include the aggravating circumstances listed above for murder. 



The AJC’s Crime and Public Safety team keeps you updated on the latest cases and issues affecting metro Atlanta and all of Georgia. Here’s how to learn more:

Never miss a minute of what’s happening in your community. Subscribe to myAJC.com.

Reader Comments ...

Next Up in Local

Congress approves $450,000 for Wright brothers factory buildings 
Congress approves $450,000 for Wright brothers factory buildings 

The National Park Service will have $450,000 to buy two historic buildings at the former Wright Co. airplane factory site in West Dayton, Ohio, under a $1.3 trillion federal omnibus spending bill President Donald Trump signed Friday. But the years-long quest to buy buildings 1 and 2, the first factory in the world to produce airplanes, is anything...
FBI identifies man who crashed gate at Travis Air Force Base in California
FBI identifies man who crashed gate at Travis Air Force Base in California

The FBI identified a man who was killed in a fiery crash after his vehicle “gained unauthorized access” onto Travis Air Force Base in northern California, CNN reported Friday. Hafiz Kazi, 51, was originally from India and had lived in the United States since 1993. He was a legal resident, FBI Special Agent Sean Ragan said at a news...
Florida woman attacks husband for forgetting anniversary, deputies say
Florida woman attacks husband for forgetting anniversary, deputies say

A Florida woman was not very happy when her husband forgot their wedding anniversary, and her anger landed her in jail, deputies said. Carol Stone, 35, of Zephyrhills, was arrested by Pasco County deputies Wednesday on charges of domestic battery, a misdemeanor, WTVT reported. According to her husband, Stone became angry when he admitted he had...
Man arrested in burglary of Patriots TE Rob Gronkowski's home
Man arrested in burglary of Patriots TE Rob Gronkowski's home

One man was arrested and two suspects are being sought in the burglary of Patriots tight end Rob Gronkowski's house. While the Patriots were playing in Super Bowl LII in Minneapolis on Feb. 4, police were called to Gronkowski's house in Foxborough, Massachusetts, for a burglary.  According to a heavily redacted police report, the break-in at Gronkowski's...
Q&A on the News

Q: I am seeking more explanation about the MARTA solar array to put the benefits and $80,000 annual savings in perspective. What was the cost to install the system? What are the annual maintenance expenses and the system’s expected lifespan? —Terry Dempsey, Grayson A: The installation of the solar panel canopy at the Laredo bus facility...
More Stories