In part one of this series, we looked at how capital murder is defined in state law and initial decisions by the prosecutor on charging and the question of death notice. In part two, the focus was on decisions about going to trial or offering a plea bargain. That brings us to decision point 3.
Decision point 3: Jury and Judge decisions
If a capital murder defendant is found guilty of capital murder and the death penalty is being sought, there is a second “trial”. During the penalty phase, the prosecution presents evidence why death is the appropriate sentence and the defense presents mitigation evidence to justify a sentence of long term imprisonment.
If the jury recommends a death penalty, then the judge must decide whether to ratify that decision or impose an alternate sentence.
Fifteen cases in nine different counties have had a death sentence handed down by a judge. The following map shows the counties where at least one case has resulted in a death sentence.
Sedgwick County is the source of six of the death sentences, while Johnson County has yielded two. All the remaining counties only had one.
Bottom line: July 1, 2025 data
As of July 1, 2025, there are only nine men sentenced to death. They are cases from Barton, Cowley, Crawford, Franklin, Greenwood, Johnson, Osage, and Sedgwick (2). Those cases are working their way through the appellate process.
Four of the individuals given a death sentence subsequently had that sentence overturned on appeal. In those cases, the prosecutors did not seek a new death sentence, but rather opted for alternative sentences of long term incarceration. Three of these cases were from Sedgwick County and one was from Shawnee County.
Two individuals under sentence of death died in prison. They were cases from Johnson County and Sedgwick County.
No executions have taken place under the 1994 law.
So, the next time someone isn’t sure Kansas has the death penalty, you know the answer. We have it, prosecutors seek it, and indeed it has been given as a sentence. What we have not had—yet—is an execution. As long as the law remains, executions remain possible as the system grinds toward that outcome.
Our thanks to the Kansas State Board of Indigent Defense Services for assisting with the data necessary for this article.