Does Maine Have the Death Penalty?

Does the state of Maine have the death penalty? No. Maine does not have the death penalty. Maine abolished capital punishment in 1887, making it one of the earliest states in the nation to do so. The most severe criminal sentence in Maine is life in prison.

History of the Death Penalty in Maine

Maine abolished capital punishment early in its history. Maine first abolished the death penalty in 1876 after years of growing public concern about executions. But the state briefly reinstated it in 1883.

A high-profile case reversed public opinion. The botched execution of John True Gordon in 1875 caused widespread outrage. Reports described a prolonged and gruesome hanging that horrified witnesses. The event sparked a strong abolitionist movement across the state.

Daniel Wilkinson was the last person executed in Maine. His execution took place in 1885. Just two years later, in 1887, Maine permanently abolished the death penalty. The state has never restored it.

This timeline makes Maine a true pioneer. Maine ended capital punishment more than a century before most other states began the debate. For anyone searching “death penalty Maine,” the answer is clear. The state rejected it long ago and has maintained that position ever since.

What Is the Maximum Sentence for Murder in Maine?

 

Maine does not have the death penalty, so courts cannot impose capital punishment. The most serious punishment a court can impose is a lengthy prison sentence. Murder is defined under 17-A M.R.S. § 201 and carries its own sentencing framework separate from the standard felony classifications.

For a murder conviction, a Maine court may impose life imprisonment. In practice, the judge can set any term of years, up to and including the defendant’s natural life. The court considers the facts of the case, the defendant’s history, and both aggravating and mitigating factors.

Maine does not have a formal “life without parole” statute like some other states. But a judge can set a sentence long enough that parole eligibility becomes effectively meaningless. This distinction matters because it affects how defense attorneys approach sentencing arguments.

In our experience representing clients charged with murder and Class A felonies in Maine courts, the sentencing stakes are among the highest in the criminal justice system – even without capital punishment.

How Maine Sentences Serious Felonies

Maine classifies most crimes into three categories under 17-A M.R.S. § 1604. Class A felonies are the most serious and carry up to 30 years in prison. Class B felonies carry up to 10 years. Class C felonies carry up to 5 years.

Murder is unclassified. It sits outside this system and carries its own sentencing provisions, including the possibility of life imprisonment. Other unclassified crimes, such as certain drug trafficking offenses, also fall outside the standard framework.

This classification system helps judges, prosecutors, and defense attorneys set expectations for sentencing ranges. But for the most serious offenses, the stakes go well beyond the standard maximums.

How Maine Compares to Other New England States

Every New England state has abolished the death penalty. Maine led the way by decades.

Vermont abolished capital punishment in 1972. Rhode Island did the same in 1984. That same year, the Massachusetts Supreme Judicial Court ruled the state’s death penalty unconstitutional. Massachusetts carried out its last execution in 1947. Connecticut abolished the death penalty in 2012, and the state supreme court applied that ruling retroactively in 2015. New Hampshire became the most recent to abolish it in 2019.

Maine’s 1887 abolition stands out. The state made this decision more than 80 years before Vermont and more than 130 years before New Hampshire. Maine has not had the death penalty for well over a century.

This regional context shows that New England has moved firmly away from capital punishment. Maine’s early action set a tone that the rest of the region eventually followed.

Federal Death Penalty Cases in Maine

An important nuance exists that most people overlook. While Maine state law does not allow the death penalty, federal law is different.

Under 18 U.S.C. § 3591, certain federal crimes carry the possibility of capital punishment. These include terrorism, large-scale drug trafficking resulting in death, and murder of a federal official. If someone commits a federal capital crime in Maine, the case would be tried in the U.S. District Court for the District of Maine – not in state court.

In that scenario, the federal death penalty could apply regardless of Maine’s state law. The state’s abolition of capital punishment has no effect on federal proceedings.

As of 2026, a federal moratorium on executions exists. The federal government has paused carrying out death sentences. However, federal prosecutors can still seek the death penalty in new cases. The moratorium affects execution timing, not charging decisions.

This distinction matters for anyone facing serious federal charges in Maine. State law protections do not extend to federal courtrooms.

What to Know If You Face Serious Criminal Charges in Maine

Many people search “does Maine have a death penalty” because they or a loved one face serious criminal charges. While the death penalty is not a risk in Maine, the consequences of a conviction are still severe.

A murder charge can result in life in prison. Class A felonies carry up to 30 years. Even lesser felony convictions can mean years behind bars, lasting criminal records, and permanent changes to a person’s life.

Sentencing in Maine depends on several factors. Judges weigh aggravating circumstances – such as the use of a weapon or harm to a vulnerable victim – against mitigating factors like the defendant’s background, mental health, and role in the offense. A defendant’s prior criminal record also plays a major role.

Building a strong defense early is critical. The decisions made in the first days and weeks after an arrest often shape the entire outcome. Webb Law Maine has experience handling serious criminal cases in Maine Superior Courts, where high-stakes felonies are tried.

Every defendant has rights. Depending on the circumstances of the case, there may be grounds to challenge evidence, negotiate charges, or present mitigating factors at sentencing. Consulting with an attorney is the most important step.

Talk to a Maine Criminal Defense Attorney

If you or someone you care about faces murder charges or other serious felony accusations in Maine, the consequences are severe even without the death penalty. A conviction could mean decades or life in prison.

Webb Law Maine defends clients facing the most serious criminal charges in the state. The firm is familiar with Maine’s criminal courts and the defense strategies that matter in high-stakes cases. Contact Webb Law Maine for a confidential consultation to discuss your case and your defense options.

Frequently Asked Questions About the Death Penalty in Maine

When did Maine abolish the death penalty?

Maine permanently abolished the death penalty in 1887. The state first abolished it in 1876, briefly reinstated it in 1883, then ended it for good four years later. Maine was one of the earliest states in the country to reject capital punishment.

Who was the last person executed in Maine?

Daniel Wilkinson was the last person executed in Maine. His execution took place in 1885, two years before the state permanently abolished the death penalty.

Can you get life in prison in Maine?

Yes, murder convictions in Maine can result in a sentence of life imprisonment under 17-A M.R.S. § 201. The sentencing judge has discretion to impose a term of years up to and including life. The exact sentence depends on the facts of the case and the defendant’s history.

Could someone face the federal death penalty in Maine?

Yes, federal crimes committed in Maine fall under federal jurisdiction, not state law. Under 18 U.S.C. § 3591, certain federal offenses carry the possibility of capital punishment. Maine’s state abolition does not protect defendants in federal court.

What is the most serious criminal penalty in Maine?

Life imprisonment is the most serious penalty under Maine state law. This applies to murder convictions. For classified felonies, Class A crimes carry the highest maximum of 30 years in prison under 17-A M.R.S. § 1604.