Between 1977 and mid-1988, one hundred felons have been executed in 12 states. Although an additional 25 states provide for capital punishment, they have not executed for over 20 years. The Supreme Court's ruling in McCleskey v. Kemp (1987), which dismissed a racially discriminatory challenge to the use of capital punishment, was the last major hope of abolitionists to have the death penalty ruled unconstitutional. As a result, any significant effort to abolish the death penalty will be waged at the State level. This article discusses how governors, legislators, and jurists in the 25 states that have capital punishment statutes but have not implemented them have been able to prevent executions from occurring despite public opinion in support of capital punishment. When important leaders in one or more of these governmental branches is opposed to capital punishment, the death sentences will not be implemented. While the death penalty involves legal questions, the decision on whether to carry out the death penalty is more of a political issue than a legal one, and one that requires agreement between the major decision makers in all three institutions. 3 tables, 23 references, and case citations. (Author abstract)