Death Penalty in the United States The death penalty is a controversial topic in the United States today and has been for a number of years. The death penalty is currently legal in 38 states and two federal jurisdictions (Winters 97). The death penalty statutes were overturned and then reinstated in the United States during the 1970's due to questions concerning its fairness (Flanders 50). The death penalty began to be reinstated slowly, but the rate of executions has increased during the 1990's (Winters 103-107). There are a number of arguments in favor of the death penalty. Many death penalty propo