The death of the death penalty has been long coming in the U.S. Many nations around the world have already abolished the death penalty, often referred to as state-sanctioned murder, as a barbaric and antiquated form of criminal justice. In fact, the U.S. is one of the last developed nations to still impose the death penalty (in certain states). A recent article in TIME Ideas looks at how the death penalty is gradually being rolled back, and why.

There is no federal law concerning capital punishment. Instead that has been regarded as a state issue, and because of that there are nearly 50 different attitudes toward capital punishment. California, one of the most recent states to struggle with the problem, has not executed a prisoner since 2006, with hundreds of prisoner languishing on Death Row as the courts attempt to work out a new form of lethal injection. In fact, lethal injections as form of execution has been in legal conflict for 24 years. The method of execution has long been a source of conflict in state courts, and with many looking to create a completely painless death (the guillotine seems to be the only truly painless version, though a bit lacking in the political correctness department), some question why we’re killing them at all.

Another issue, recently faced by Illinois, is that of exonerating inmates on death row. As new evidence comes to light, many inmates across the country are given a pardon, or simply released, some narrowly missing their own execution. Illinois’ governor in 2000 placed a moratorium in the death penalty after several inmates were exonerated after their execution. The moratorium stayed in placed until earlier this year, when it was repealed altogether.

Cost is another consideration (though many argue it shouldn’t be when we’re talking about citizens’ lives). Though it may seem counter-intuitive, it’s actually more costly to state budgets to impose the death penalty and execute a prisoner than it is for a life sentence. This is largely because of the number of appeals and other judicial and legal considerations when attempting to pass an execution order. Though many point to prisons being overcrowded as a reason to maintain the death penalty, it’s difficult to make the point that inmates should be executed simply because we don’t have the room to incarcerate them. That’s the operation of an animal pound.

Whether you agree with the death penalty or not, it is beginning to fade from the American justice system. To date 139 inmates on death row have been exonerated, and 16 states have completely repealed the practice (fully a third of the country). Public opinion reflects this as well, with a Gallup Pol showing 80% of Americans supporting the practice in 1994. Seven years later, in 2001, that number had fallen to 61%. The real challenge for opponents of capital punishment is to secure a federal ruling by the Supreme Court that will abolish the practice of state executions.