U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Bulletin Capital Punishment 2000 December 2001, NCJ 190598 -------------------------------------------------------- This file is text only without graphics and many of the tables. A Zip archive of the tables in this report in spreadsheet format (.wk1) and the full report including tables and graphics in .pdf format are available from: http://www.ojp.usdoj.gov/bjs/abstract/cp00.htm This report is one in a series. More recent editions may be available. To view a list of all in the series go to http://www.ojp.usdoj.gov/bjs/pubalp2.htm#cp -------------------------------------------------------- By Tracy L. Snell BJS Statistician -------------------------------------------------------- Highlights Status of death penalty, December 31, 2000 Executions during 2000* Texas 40 Oklahoma 11 Virginia 8 Florida 6 Missouri 5 Alabama 4 Arizona 3 Arkansas 2 Delaware 1 Louisiana 1 North Carolina 1 South Carolina 1 Tennessee 1 California 1 Total 85 Number of prisoners under sentence of death California 586 Texas 450 Florida 371 Pennsylvania 238 North Carolina 215 Ohio 201 Alabama 185 Illinois 163 Oklahoma 129 Georgia 120 Arizona 119 Tennessee 97 Louisiana 90 Nevada 88 Missouri 79 23 other jurisdictions 462 Total 3,593 Jurisdictions without a death penalty Alaska District of Columbia Hawaii Iowa Maine Massachusetts Michigan Minnesota North Dakota Rhode Island Vermont West Virginia Wisconsin * At yearend 2000, 37 States and the Federal prison system held 3,593 prisoners under sentence of death, 1.5% more than at yearend 1999. Persons under sentence of death 1990 2000 White 1,379 1,990 Black 947 1,535 American Indian 25 29 Asian 15 27 Unknown race 1 12 * The 339 Hispanic inmates under sentence of death accounted for 11% of inmates with a known ethnicity. * Fifty-four women were under sentence of death in 2000, up from 35 in 1990. * At yearend the youngest death-row inmate was 18; the oldest was 85. * Among persons for whom arrest information was available, the average age at time of arrest was 28; 2% of inmates were age 17 or younger. * Of the 6,588 people under sentence of death between 1977 and 2000, 10% were executed, 3% died by causes other than execution, and 32% received other dispositions. * The number of states authorizing lethal injection increased from 21 in 1990 to 36 in 2000. In 2000, 9 in 10 executions were by lethal injection, compared to 5 in 10 in 1990. * Since 1977, 518 of the 683 executions (76%) were by lethal injection. *For preliminary 2001 data on executions, see page 12. ------------------------------------------------------ Fourteen States executed 85 prisoners during 2000. The number executed was 13 fewer than in 1999. Those executed during 2000 had been under sentence of death an average of 11 years and 5 months, 6 months less than that for inmates executed in 1999. At yearend 2000, 3,593 prisoners were under sentence of death. California held the largest number on death row (586), followed by Texas (450), Florida, (371), and Pennsylvania (238). Eighteen people were under a Federal death sentence. During 2000, 27 States and the Federal prison system received 214 prisoners under sentence of death. Texas (34 admissions), California (31), Florida (20),North Carolina (18), and Pennsylvania (12) accounted for more than half of those sentenced in 2000. During 2000, 83 men and 2 women were executed: 49 whites, 35 blacks, and 1 American Indian. The executed inmates included 6 Hispanics (all white). Eighty of the executions were carried out by lethal injection and 5 by electrocution. From January 1, 1977, to December 31, 2000, 683 executions took place in 31 States. Sixty-five percent of the executions occurred in 5 States: Texas (239), Virginia (81), Florida (50), Missouri (46), and Oklahoma (30). Capital punishment laws At yearend 2000 the death penalty was authorized by 38 States and the Federal Government. During 2000 no State enacted new legislation authorizing capital punishment. Statutory changes During 2000, 5 States revised statutory provisions relating to the death penalty. Most of the changes involved additional aggravating circumstances and procedural amendments. By State, the changes were as follows: Colorado -- Added as an aggravating factor use of a weapon during a Class 1 felony when use of the weapon itself constituted a felony under State or Federal law (CRS 16-11-103(5)(o)), effective 8/2/2000. Florida -- Authorized lethal injection as a method of execution, effective 1/14/2000. An inmate may elect in writing to be executed by electrocution within 30 days of the effective date or the date of sentence; if this option is waived, the method shall be lethal injection (FSA sec. 922.105). Georgia -- Revised the penal code to allow for lethal injection as the method of execution for all inmates sentenced to death for crimes committed on or a fter May 1, 2000; those whose offenses occurred before that date shall be executed by electrocution, effective 5/1/2000 (O.C.G.A. 17-10-38). Mississippi -- Revised the definition of capital murder to include among peace officers who were murdered victims conservation officers (was previously called "game warden") (Miss. Code Ann sec. 97-3-19(2)(a)), effective 4/30/2000. Mississippi also amended the code of criminal procedure setting a time limit of 1 year within which a defendant must apply for post-conviction relief. Upon exhaustion of appeals or failure to file for post-conviction relief in the allotted time, any stays of execution will be vacated and an execution date will be set (Miss. Code Ann. sec. 99-19-106), effective 7/1/2000. New Jersey -- Revised the penal code to create a mandatory sentence to life without the possibility of parole or commutation for offenders convicted of a capital offense but not sentenced to death (NJSA 2C:11-3b(4)), effective 8/22/2000. Automatic review Of the 38 States with capital statutes at yearend, 37 provided for review of all death sentences regardless of the defendant's wishes. In South Carolina the defendant had the right to waive sentence review if he or she was deemed competent by the court (State v. Torrence, 473 S.E. 3d 703 (S.C. 1996)). Federal death penalty procedures did not provide for automatic review after a sentence of death had been imposed. The State's highest appellate court usually conducted the review. If either the conviction or sentence were vacated, the case could be remanded to the trial court for additional proceedings or retrial. As a result of retrial or resentencing, a death sentence could be reimposed. While most of the 37 States authorized an automatic review of both the conviction and sentence, Idaho, Indiana, Kentucky, Oklahoma, and Tennessee required review of the sentence only. In Idaho review of the conviction had to be filed through appeal or forfeited. In Indiana and Kentucky a defendant could waive review of the conviction. In Virginia a defendant could waive an appeal of trial court error but could not waive review of the death sentence for arbitrariness and proportionality. In Mississippi the question of whether the defendant could waive the right to automatic review had not been addressed. In Wyoming neither statute nor case law precluded a waiver of appeal. In Arkansas case law held that the supreme court review the trial court record for error in capital cases (State v. Robbins, 339 Ark. 379, 5 S.W. 3d 51 (1999)). Such a review is independent of a defendant's right to waive appeals. Method of execution As of December 31, 2000, lethal injection was the predominant method of execution (36 States). Eleven States authorized electrocution; 4 States, lethal gas; 3 States, hanging; and 3 States, firing squad. Eighteen States authorized more than 1 method -- lethal injection and an alternative method -- generally at the election of the condemned prisoner; however, 6 of these 18 stipulated which method must be used, depending on the date of sentencing; 1 authorized hanging only if lethal injection could not be given; and if lethal injection is ever ruled to be unconstitutional, 1 authorized lethal gas, and 1 authorized electrocution. The Federal Government authorizes the method of execution under two different laws. Offenses prosecuted under 28 CFR, Part 26, mandate lethal injection, while those prosecuted under the Violent Crime Control Act of 1994 (18 U.S.C. 3596) call for the method of the State in which the conviction took place. Minimum age In 2000 seven jurisdictions did not specify a minimum age for which the death penalty could be imposed. In some States the minimum age was set forth in the statutory provisions that determine the age at which a juvenile may be transferred to adult court for trial as an adult. Fourteen States and the Federal system required a minimum age of 18. Seventeen States indicated an age of eligibility between 14 and 17. Characteristics of prisoners under sentence of death at yearend 2000 Thirty-seven States and the Federal prison system held a total of 3,593 prisoners under sentence of death on December 31, 2000, an increase of 53, or 1.5% more than at the end of 1999. The Federal prison system count remained unchanged at 18. Three States reported 39% of the Nation's death row population: California (586), Texas (450), and Florida (371). Of the 39 jurisdictions with death penalty statutes enacted during 2000, New Hampshire had no one under a capital sentence, and Kansas, South Dakota, and Wyoming had 4 or fewer. Among the 38 jurisdictions with prisoners under sentence of death at yearend 2000, 20 had more inmates than a year earlier, 5 had fewer inmates, and 13 had the same number. California had an increase of 30, followed by North Carolina (13). Oklahoma and Texas had the largest decreases (12 and 10, respectively). During 2000 the number of white inmates under sentence of death rose by 30; the number of blacks increased by 20; and the number of persons of other races rose from 65 to 68. The number of Hispanics under sentence of death rose from 326 to 339 during 2000. Twenty-five Hispanics were received under sentence of death, 6 were removed from death row, and 6 were executed. Nearly three-quarters of the Hispanics were held in 3 States: California (114), Texas (101), and Florida (32). During 2000 the number of women sentenced to be executed increased from 51 to 54. Nine women were received under sentence of death, 3 were removed from death row, and 2 were executed. Women were under sentence of death in 18 States. More than half of women on death row at yearend were in California, Texas, North Carolina, and Pennsylvania. Women under sentence of death, 12/31/00 State Total* White Black Total 54 33 18 California 12 8 2 Texas 7 4 3 North Carolina 6 4 1 Pennsylvania 4 1 3 Illinois 4 1 3 Alabama 3 2 1 Florida 3 2 1 Oklahoma 3 2 1 Tennessee 2 2 0 Arizona 2 2 0 Missouri 1 1 0 Kentucky 1 1 0 Georgia 1 1 0 Mississippi 1 1 0 Idaho 1 1 0 Indiana 1 0 1 Louisiana 1 0 1 Nevada 1 0 1 *Total includes races other than white and black. Men were 98% (3,538) of all prisoners under sentence of death. Whites comprised 55%; blacks comprised 43%; and other races (1.9%) included 29 American Indians, 27 Asians, and 12 persons of unknown race. Among those for whom ethnicity was known, 11% were Hispanic. The gender, race, and Hispanic origin of those under sentence of death at yearend 2000 were as follows: Persons under sentence of death, by sex, race, and Hispanic origin, 12/31/00 White Black Other races Male 1,957 1,516 65 Hispanic 309 14 11 Female 33 18 3 Hispanic 2 1 2 Among inmates under sentence of death on December 31, 2000, for whom information on education was available, three-fourths had either completed high school (38%) or finished 9th, 10th, or 11th grade (37%). The percentage who had not gone beyond eighth grade (14%) was larger than that of inmates who had attended some college (10%). The median level of education was the 11th grade. Of inmates under a capital sentence and with reported marital status, more than half had never married; more than a fifth were married at the time of sentencing; and more than a fifth were divorced, separated, or widowed. Among all inmates under sentence of death for whom date of arrest information was available, about half were age 20 to 29 at the time of arrest for their capital offense; 13% were age 19 or younger; and less than 1% were age 55 or older. The average age at time of arrest was 28 years. On December 31, 2000, 36% of all inmates were age 30 to 39, and 68% were age 25 to 44. The youngest offender under sentence of death was 18; the oldest was 85. Entries and removals of persons under sentence of death Between January 1 and December 31,2000, 25 State prison systems reported receiving 212 prisoners under sentence of death;the Federal Bureau of Prisons received 2 inmates. More than half of the inmates were received in 5 States: Texas (34), California (31), Florida (20), North Carolina (18), and Pennsylvania (12). All 214 prisoners who were received under sentence of death had been convicted of murder. By gender and race, 115 were white men, 85 were black men, 1 was an American Indian man,4 were Asian men, 7 were white women,1 was a black woman, and 1 was an American Indian woman. Of the 214 new admissions, 25 were Hispanic men. Twenty States and the Federal Bureau of Prisons reported a total of 58 persons whose sentence of death was overturned or removed. Appeals courts vacated 27 sentences while upholding the convictions and vacated 27 sentences while overturning the convictions. Florida (9 exits) had the largest number of vacated capital sentences. Maryland, North Carolina, and Arizona each reported one commutation of a death sentence. As of December 31, 2000, 30 of 58 persons who were formerly under sentence of death were serving a reduced sentence, 13 were awaiting a new trial,5 were awaiting resentencing,2 had all capital charges dropped, and 5 had no action taken after being removed from under sentence of death. No information was available on the current status of 3 inmates. In addition, 18 persons died while under sentence of death in 2000. All of these deaths were from natural causes -- 2 each in Pennsylvania, Florida, Texas, and Nevada, and 1 each in Illinois, Missouri, Ohio, Alabama, Arkansas, Mississippi, North Carolina, Oklahoma, Tennessee, and Arizona. From 1977, the year after the Supreme Court upheld the constitutionality of revised State capital punishment laws, to 2000, a total of 6,208 persons entered prison under sentence of death. During these 24 years, 683 persons were executed, and 2,312 were removed from under a death sentence by appellate court decisions and reviews, commutations, or death.***Footnote 1: An individual may have been received and removed from under sentence of death more than once. Data are based on the most recent sentence.*** Among individuals who received a death sentence between 1977 and 2000, 3,058 (49%) were white, 2,542 (41%) were black, 509 (8%) were Hispanic, and 99 (2%) were other races. The distribution by race and Hispanic origin of the 2,995 inmates who were removed from death row between 1977 and 2000 was as follows: 1,564 whites (52%), 1,202 blacks (40%), 185 Hispanics (6%), and 44 persons of other races (1%). Of the 683 who were executed, 377 (55%) were white, 246 (36%) were black, 49 (7%) were Hispanic, and 11 (2%) were of other races. Criminal history of inmates under sentence of death in 2000 Among inmates under a death sentence on December 31, 2000,for whom criminal history information was available, 64% had prior felony convictions, including 8% with at least one previous homicide conviction. Among those for whom legal status at the time of the capital offense was available, 39% had an active criminal justice status. Less than half of these were on parole, and a quarter were on probation. The remaining quarter had charges pending, were incarcerated, had escaped from incarceration, or had some other criminal justice status. Criminal history patterns differed by race and Hispanic origin. More blacks (68%) than whites (62%) or Hispanics (59%) had a prior felony conviction. About the same percentage of whites, blacks, and Hispanics had a prior homicide conviction (8%). A slightly higher percentage of Hispanics (24%) or blacks (19%) than whites (15%) were on parole when arrested for their capital offense. Since 1988,data have been collected on the number of death sentences imposed on entering inmates. Among the 3,678 individuals received under sentence of death during that time, about 1 in 7 entered with 2 or more death sentences. Number of death sentences received Inmates Total 100 % 1 85 2 11 3 or more 5 Number admitted under sentence of death, 1988-2000 3,678 Executions According to data collected by the Federal Government, from 1930 to 2000, 4,542 persons were executed under civil authority.***Footnote 2: Military authority carried out an additional 160 executions between 1930 and 1961.*** After the Supreme Court reinstated the death penalty in 1976, 31 States executed 683 prisoners: 1977 1 1990 23 1979 2 1991 14 1981 1 1992 31 1982 2 1993 38 1983 5 1994 31 1984 21 1995 56 1985 18 1996 45 1986 18 1997 74 1987 25 1998 68 1988 11 1999 98 1989 16 2000 85 During this 24-year period, 5 States executed 446 prisoners: Texas (239), Virginia (81), Florida (50), Missouri (46), and Oklahoma (30). These States accounted for nearly two-thirds of all executions. Between 1977 and 2000, 372 white non-Hispanic men, 246 black non-Hispanic men, 49 Hispanic men, 6 American Indian men, 5 Asian men, and 5 white non-Hispanic women were executed. During 2000 Texas carried out 40 executions, Oklahoma executed 11 persons; Virginia, 8; Florida, 6; Missouri, 5; Alabama, 4; Arizona, 3; Arkansas, 2; and Delaware, Louisiana, North Carolina, South Carolina, Tennessee, and California, 1 each. The inmate executed in Tennessee was the first executed in that State since 1960. Eighty-three persons executed in 2000 were male and two were female. Forty-three were white; 35 were black; 6 were Hispanic; and 1 was American Indian. From 1977 to 2000, 6,588 prisoners were under death sentences for varying lengths of time. The 683 executions accounted for 10% of those at risk. A total of 2,312 prisoners (35% of those at risk) were removed by means other than execution. About the same percentage of whites (12%), blacks (9%), and Hispanics (9%) were executed. Somewhat larger percentages of whites (37%) and blacks (35%) than Hispanics (26%) were removed from under a death sentence by means other than execution. Among prisoners executed from 1977 to 2000, the average time spent between the imposition of the most recent sentence received and execution was more than 10 years. White prisoners had spent an average of 9 years and 8 months, and black prisoners, 10 years and 8 months. The 85 prisoners executed in 2000 were under sentence of death an average of 11 years and 5 months. For the 683 prisoners executed between 1977 and 2000, the most common method of execution was lethal injection (518). Other methods were electrocution (149), lethal gas (11), hanging (3), and firing squad (2). Executions, 1977-2000 Amer- Method of His- ican execution White Black panic Indian Asian Total 377 246 49 6 5 Lethal injection 287 174 47 5 5 Electrocution 77 69 2 1 0 Lethal gas 8 3 0 0 0 Hanging 3 0 0 0 0 Firing squad 2 0 0 0 0 Among prisoners under sentence of death at yearend 2000, the average time spent in prison was 8 years, up 5 month from that of 1999. Elapsed time Inmates under since sentencing sentence of death Mean Median Total 96mo 83mo Male 97 83 Female 73 70 White 100 87 Black 96 81 Hispanic 85 69 The median time between the imposition of a death sentence and yearend 2000 was 83 months. Overall, the average time for women was 6.1 years, 2 years less than that for men (8.1 years). On average, whites, blacks, and Hispanics had spent from 85 to 100 months under a sentence of death. ------------------------------------------- Advance count of executions: January 1, 2001 - November 30, 2001 To provide the latest data on capital punishment, BJS gathers information following each execution. The data include the date of execution, the jurisdiction, method used, and the name, race, and gender of each person executed. Between January 1, 2001, and November 30, 2001, 15 States and the Federal Government executed 62 inmates. This represents a 22% decrease from the 79 executed during the same period in 2000. Oklahoma and Texas had carried out 16, 52% of the executions in 2001. This is the most inmates executed in Oklahoma in a single year since the Federal Government began tracking executions on an annual basis. The Federal Government executed two inmates, the first since 1963 (and the most since the two federally executed in 1957). New Mexico executed one inmate, the first since 1960. Lethal injection accounted for all 62 executions. This is the first year since executions resumed in 1977 that lethal injection was the only method used. Number of Jurisdiction executions Method used Oklahoma 16 Lethal Injection Texas 16 Lethal Injection Missouri 7 Lethal Injection North Carolina 5 Lethal Injection Georgia 3 Lethal Injection Federal Government 2 Lethal Injection Indiana 2 Lethal Injection Delaware 2 Lethal Injection Virginia 2 Lethal Injection Ohio 1 Lethal Injection Arkansas 1 Lethal Injection Florida 1 Lethal Injection California 1 Lethal Injection Nevada 1 Lethal Injection New Mexico 1 Lethal Injection Washington 1 Lethal Injection Total 62 Forty-five of those executed were white, 16 black, and 1 American Indian. Two women were executed in Oklahoma. Final counts for all of 2001 will appear in Capital Punishment 2001, a BJS Bulletin, released in late 2002. This annual report will comprise data collected from State and Federal departments of correction. The report will cover all persons under sentence of death on December 31, 2001, as well as those removed from under sentence of death. -------------------------------------------- Methodology Capital punishment information is collected annually as part of the National Prisoner Statistics program (NPS-8). This data series is collected in two parts: data on persons under sentence of death are obtained from the department of correction in each jurisdiction currently authorizing capital punishment; information on the status of death penalty statutes is obtained from the Office of the Attorney General in each of the 50 States, the District of Columbia, and the Federal Government. Data collection forms and more detailed tables are available in Correctional Populations in the United States, published annually. NPS-8 covers all persons under sentence of death at any time during the year who were held in a State or Federal nonmilitary correc- tional facility. Included are capital offenders transferred from prison to mental hospitals and those who may have escaped from custody. Excluded are persons whose death sentences have been overturned by the court, regardless of their current incarceration status. The statistics reported in this Bulletin may differ from data collected by other organizations for a variety of reasons: (1) NPS-8 add inmates to the number under sentence of death not at sentencing but at the time they are admitted to State or Federal correctional facility; (2) If in one year inmates entered prison under a death sentence or were reported as being relieved of a death sentence but the court had acted in the previous year, the counts are adjusted to reflect the dates of court decisions (see the note on table 5 for the affected jurisdictions); (3) NPS counts are always for the last day of the calendar year and will differ from counts for more recent periods. All data in this report have been reviewed for accuracy by the data providers in each jurisdiction prior to publication. --------------------------------------- The Bureau of Justice Statistics is the statistical agency of the U.S. Department of Justice. Lawrence A. Greenfeld is acting director. BJS Bulletins present the first release of findings from permanent data collection programs. This Bulletin was written by Tracy L. Snell under the supervision of Allen J. Beck. Paige M. Harrison provided assistance and statistical review. Tina Dorsey edited the report. Jayne Robinson prepared the report for final printing. At the U.S. Census Bureau, Patricia A. Clark collected the data under the supervision of Gertrude B. Odom and Marilyn M. Monahan. December 2001, NCJ 190598 ------------------------------------------- End of file 12/05/01 ih