The earliest recorded instance of capital punishment in the U.S. was in 1608, carried out in the Jamestown colony against a defendant for spying for the Spanish government. Three states have never implemented capital punishment during their statehood: Michigan, Alaska and Hawaii. Eighteen states and the District of Columbia have no enforceable death penalty statute, while 2 others have not administered it since 1976. Texas performs the largest number of executions, while Oregon has the highest rate per-capita.