Gary Mark Gilmore (born Faye Robert Coffman; December 4, 1940 January 17, 1977) was an American criminal who gained international attention for demanding the implementation of his death sentence for two murders he had admitted to committing in Utah. After the U.S. Supreme Court upheld a new series of death penalty statutes in the 1976 decision Gregg v. Georgia, he became the first person in almost ten years to be executed in the United States. These new statutes avoided the problems under the 1972 decision in Furman v. Georgia, which had resulted in earlier death penalty statutes being deemed "cruel and unusual" punishment, and therefore unconstitutional. (The Supreme Court had previously ordered all states to commute death sentences to life imprisonment after Furman v. Georgia.) Gilmore was executed by a firing squad in 1977. His life and execution were the subject of the 1979 nonfiction novel The Executioner's Song by Norman Mailer, and 1982 TV film of the novel starring Tommy Lee Jones as Gilmore.

In the United States, capital punishment is a legal penalty in 27 states, American Samoa, by the federal government, and the military, and is abolished in 23 states. Capital punishment is, in practice, only applied for aggravated murder. Although it is a legal penalty in 27 states, only 21 states have the ability to execute death sentences, with the other six, as well as the federal government, being subject to different types of moratoriums. The existence of capital punishment in the United States can be traced to early colonial Virginia. Along with Japan, Taiwan, and Singapore, the United States is one of four advanced democracies and the only Western nation that applies the death penalty regularly.

It is one of 54 countries worldwide applying it, and was the first to develop lethal injection as a method of execution, which has since been adopted by five other countries. The Philippines has since abolished executions, and Guatemala has done so for civil offenses, leaving the United States as one of four countries to still use this method (along with China, Thailand, and Vietnam). It is common practice for the condemned to be administered sedatives prior to execution, regardless of the method used.There were no executions in the United States between 1967 and 1977. In 1972, the Supreme Court of the United States struck down capital punishment statutes in Furman v. Georgia, reducing all pending death sentences to life imprisonment at the time. Subsequently, a majority of states enacted new death penalty statutes, and the court affirmed the legality of capital punishment in the 1976 case Gregg v. Georgia. Since then, more than 7,800 defendants have been sentenced to death; of these, more than 1,500 have been executed. At least 185 people who were sentenced to death since 1972 have since been exonerated, about 2.4% or one in 42. As of December 16, 2020, 2,591 convicts are still on death row.The Trump administration's Department of Justice announced its plans to resume executions for federal crimes in 2019. On July 14, 2020, Daniel Lewis Lee became the first inmate executed by the federal government since 2003. As of January 2022, there were 44 inmates on federal death row. Thirteen federal death row inmates have been executed since federal executions resumed in July 2020. The last and most recent federal execution was of Dustin Higgs, who was executed on January 16, 2021. Higgs' execution was also the last under the presidency of Donald Trump. It is currently unknown if federal executions will continue during the presidency of Joe Biden, although Biden does oppose capital punishment in the United States.Democrats introduced the Federal Death Penalty Abolition Act of 2021 on January 4, 2021. The bill is currently before the House Judiciary Committee.

The Human Rights Measurement Initiative gives the US a score of 4.4 out of 10 for the right to freedom from the death penalty.