U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics
Bulletin

Capital Punishment 2001


December 2001, NCJ, 197020


--------------------------------------------------------------
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/cp01.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 and
Laura M. Maruschak 
BJS Statisticians       

---------------------------------------
Highlights

*  At yearend 2001, 37 States and the
Federal prison system held 3,581
prisoners under sentence of death, 20
fewer than at yearend 2000.

*  The 155 inmates received under sentence 
of death represent the smallest number of 
admissions since 1973.

*  The 358 Hispanic inmates under
sentence of death accounted for 11% 
of inmates with a known ethnicity.

*  At yearend the youngest death-row
inmate was 19; the oldest was 86.

*  Fifty-one women were under sentence
of death in 2001, up from 36 in 1991. 

*  The number of executions declined in
2001 for the second straight year and
was the lowest since 1996.   

*  Of the 6,754 people under sentence of
death between 1977 and 2001, 11% were 
executed, 4% died by causes other than 
execution, and 32% received other
dispositions.

*  The number of States authorizing lethal
injection increased from 22 in 1991 to 36
in 2001.  In 2001, all executions were by 
lethal injection, compared to half in 1991.

*  Since 1977, 584 of the 749 executions
(78%) were by lethal injection.
--------------------------------------------

Fifteen States and the Federal
Government executed 66 prisoners
during 2001.  The number executed was
19 fewer than in 2000.  Those executed
during 2001 had been under sentence of
death an average of 11 years and 10
months, 5 months more than that for
inmates executed in 2000.

At yearend 2001, 3,581 prisoners were
under sentence of death.  California held
the largest number on death row (603),
followed by Texas (453), Florida (372),
and Pennsylvania (241).  Nineteen
people were under a Federal death
sentence.

During 2001, 27 States and the Federal
prison system received 155 prisoners
under sentence of death.  Texas (26
admissions), California (24), Florida 
(15), and North Carolina (14) accounted 
for more than half of those sentenced in
2001.

During 2001, 63 men and 3 women were
executed: 48 whites, 17 blacks, and 1
American Indian.  The executed inmates
included 3 Hispanics (all white).  All 
of the executions were carried out by 
lethal injection.

From January 1, 1977, to December 31,
2001, 749 inmates were executed by 32
States and the Federal Bureau of
Prisons.  Nearly two-thirds of the
executions occurred in 5 States: Texas
(256), Virginia (83), Missouri (53), 
Florida (51), and Oklahoma (48).

Capital punishment laws

At yearend 2001 the death penalty was
authorized by 38 States and the Federal
Government. No State enacted new
legislation authorizing capital punishment
in 2001.

The Georgia Supreme Court struck the use 
of electrocution as a constitutionally
valid method of execution on October 5,
2001 (Dawson v. State, 274 Ga. 327
(2001)).  Electrocution violated the
prohibition against cruel and unusual
punishment in Art. I, Sec. I, Par. XVlI 
of the Georgia Constitution.

The Tennessee Supreme Court ruled on
December 4, 2001, that execution of
mentally retarded persons was cruel and
unusual (Van Tran v. State, W2000-00739-
SC-R11-PD) and, therefore, a violation 
of both the Tennessee and U.S. Constitutions.  
A law passed in 1990 prohibited such
executions (Tenn. Code Ann. sec. 39-13-203), 
but that statute did not apply retroactively.

Statutory changes

During 2001, 10 States revised statutory
provisions relating to the death penalty. 
By State, the changes were as follows:

Arizona -- Revised the capital statute to
prohibit death sentences for persons
deemed to be mentally retarded (A.R.S.
13-703(B)), effective 8/9/2001. 

Arkansas -- Added as an aggravating
circumstance murder of a child under the
age of 12 (Ark. Code Ann. Sec. 5-4-604
(10)), effective 8/13/2001.

Connecticut -- Revised the definition of
capital felony to include conservation
officers among law enforcement murder
victims and to remove as a capital
offense selling of a narcotic resulting 
in a death (C.G.S. sec. 53a-54b).

Connecticut also added to the code of
criminal procedure an exclusion from
capital sentencing of mentally retarded
people (C.G.S. sec. 53a-54b(h)) and, as
an aggravating factor, murder to avoid
arrest or prosecution (C.G.S. sec.
53a-54b(i)(8)).  All changes were 
effective 7/1/2001.

Florida -- Revised the code of criminal
procedure to exclude mentally retarded
persons from capital sentencing (FSA
sec. 921.137), effective 6/12/2001.

Missouri -- Amended its statute to
exclude persons who are mentally
retarded from capital sentencing, 
effective 8/28/2001.

Montana -- Modified its code of criminal
procedure to require that the aggravating
circumstances of a crime be charged in
the information and be found by the 
jury beyond a reasonable doubt (MCA sec.
46-1-401), effective 5/1/2001.

North Carolina -- Revised its capital
statute to prohibit the execution of
inmates determined to be mentally
retarded (NCGS sec. 15A-2005) and
devised procedures for postconviction
determination of mental retardation of
inmates already under sentence of death
(NCGS sec. 15A-2006), effective
10/1/2001.

Ohio -- Amended the code of criminal
procedure to eliminate electrocution 
as an authorized method of execution
(O.R.C. sec. 2949.22), effective
11/21/2001.

Utah -- Revised its definition of
aggravated homicide, effective
4/30/2001.  Murder of a child in the
commission of child abuse was broadened 
from children under age 14 to all such 
acts, regardless of the child's age
(Utah 76-5-202(d)), and homicide
committed by an inmate sentenced to 
life without parole was removed from the
definition of aggravated homicide (Utah
76-5-202(p)).

Wyoming -- Added to the penal code the
sentencing option of life imprisonment
without parole for persons convicted of
first-degree murder (W.S. sec. 6-2-101
(b)), and added language which makes all 
persons convicted of first-degree murder 
subject to a penalty of death, life 
without parole, or life imprisonment 
(W.S. sec. 6-2-101(c)), effective 
2/22/2001.

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 2001, Arkansas implemented a rule
requiring review of specific issues 
relating to both capital convictions and 
sentences (Ark. R. App. P. -- Crim 10).  
Recent case law held waivers of this 
review are not permitted (Newman v. State, 
No. CR02-811, 2002 Westlaw 31030906
(Ark. Sept. 12, 2002)).

Method of execution

As of December 31, 2001, lethal injection
was the predominant method of execution 
(36 States).

Nine States authorized electrocution; 
4 States, lethal gas; 3 States, hanging;
and 3 States, firing squad.

Sixteen States authorized more than 1
method -- lethal injection and an
alternative method -- generally at the
election of the condemned prisoner;
however, 5 of these 16 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 
or firing squad.

The method of execution of Federal 
prisoners is lethal injection, pursuant
to 28 CFR, Part 26. For offenses under
the  Violent Crime Control and Law Enforcement 
Act of 1994, the method is that of the State 
in which the conviction took place, pursuant
to 18 U.S.C. 3596.

Minimum age

In 2001 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 2001

Thirty-seven States and the Federal
prison system held a total of 3,581
prisoners under sentence of death on
December 31, 2001, a decrease of 20,
since the end of 2000. This is the 
first decrease in the number under 
sentence of death since 1976.

The Federal Bureau of Prisons held 19
inmates at yearend. Three States
reported 40% of the Nation's death row
population: California (603), Texas 
(453), and Florida (372). Of the 39 
jurisdictions authorizing the death penalty 
in 2001, New Hampshire had no one under 
a capital sentence, and Kansas, South 
Dakota, New Mexico, and Wyoming had 5 or 
fewer.

Among the 38 jurisdictions with prisoners
under sentence of death at yearend 2001, 
12 had more inmates than a year earlier, 
15 had fewer inmates, and 11 had the same 
number.  California had an increase of 30, 
followed by South Carolina and Arizona 
(7 each). Oklahoma showed the largest 
decrease (19).

During 2001 the number of white inmates
under sentence of death declined by 20;
the number of blacks decreased by 3;
and the number of persons of other races
(including American Indians, Asians, and
self-identified Hispanics) rose from 71 
to 74.

The number of Hispanics under sentence
of death rose from 341 to 358 during
2001. Twenty-three Hispanics were
received under sentence of death, 3 were
removed from death row, and 3 were
executed.  Nearly three-quarters of the
Hispanics were held in 3 States: California 
(121),Texas (108), and Florida (33). 

During 2001 the number of women sentenced 
to be executed decreased from 54 to 51. 
No women were received under sentence 
of death and 3 were executed.  

Women were under sentence of death in
17 States. More than half of women on
death row at yearend were in 5 States:
California, Texas, North Carolina,
Pennsylvania, and Illinois. 

Men were 99% (3,530) of all prisoners
under sentence of death. Whites
comprised 55%; blacks comprised 43%;
and other races (2.1%) included 28
American Indians, 33 Asians, and 13
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
2001 were as follows:

Among inmates under sentence of death
on December 31, 2001, 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, 2001, 35% of
all inmates were age 30 to 39, and 67%
were age 25 to 44.  The youngest
offender under sentence of death was 19;
the oldest was 86.

Entries and removals of persons under
sentence of death

Between January 1 and December 31,
2001, 27 State prison systems reported
receiving 153 inmates under sentence of
death; the Federal Bureau of Prisons
received 2 inmates.  More than half of 
the inmates were received in 4 States: 
Texas (26), California (24), Florida 
(15), and North Carolina (14).

All 155 prisoners who were received
under sentence of death were male and
had been convicted of murder.  By race,
89 were white, 61 were black, 4 were
Asian, and 1 was self-identified Hispanic. 
Of the 155 new admissions, 23 were
Hispanic.

Admissions to death row in 2001 declined
from the level of recent years: those
received under sentence of death
represented the smallest number
received in a year since 1973 when 44
persons were admitted.  Between 1994
and 2000, an average of 296 inmates per
year were received under sentence of
death.

Twenty-six States and the Federal Bureau 
of Prisons reported 90 persons whose death 
sentences were removed or overturned. 
Appeals courts vacated 44 sentences while 
upholding the convictions and vacated 37 
sentences while overturning the convictions. 
Florida (11 exits)had the largest number of 
vacated capital sentences. 

Tennessee and Texas each reported two
commutations of death sentences; Idaho,
North Carolina, and the Federal
Government each reported one. Missouri
removed two inmates when an appellate
court struck their capital sentences. 

As of December 31, 2001, 46 of 90
persons who were formerly under
sentence of death were serving a life
sentence, 24 were awaiting a new trial,
12 were awaiting resentencing, 4 had all
capital charges dropped, and 4 had no
action taken after being removed from
under sentence of death.

In addition, 19 persons died while under
sentence of death in 2001. Seventeen of
these deaths were from natural causes
-- 4 in California, 2 each in Alabama,
Florida, Texas, and Nevada, and 1 each
in Pennsylvania, Missouri, North Carolina, 
Oklahoma, and Virginia. Two of these 
deaths were suicides -- 1 each in
Nebraska and Virginia. 

From 1977, the year after the Supreme
Court upheld the constitutionality of
revised State capital punishment laws, 
to 2001, a total of 6,374 persons entered
prison under sentence of death.  During
these 25 years, 749 persons were executed, 
and 2,424 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 form
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 2001, 3,131
(49%) were white, 2,604 (41%) were
black, 535 (8%) were Hispanic, and 104
(2%) were other races.  The distribution
by race and Hispanic origin of the 3,173
inmates who were removed from death
row between 1977 and 2001 was as
follows:  1,672 whites (53%), 1,263
blacks (40%), 192 Hispanics (6%), and
46 persons of other races (1%).  Of the
749 who were executed, 422 (56%) were
white, 263 (35%) were black, 52 (7%)
were Hispanic, and 12 (2%) were of other
races.
 
Criminal history of inmates under
sentence of death in 2001

Among inmates under a death sentence
on December 31, 2001, 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,
40% 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 (69%)
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 (23%) 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 3,844
individuals received under sentence of
death during that time, about 1 in 7
entered with 2 or more death sentences.

Executions

According to data collected by the
Federal Government, from 1930 to 2001,
4,608 persons were executed under civil
authority.***Footnote 2: Military
authorities carried out an additional
160 executions between 1930 and 1961.*** 
 
After the Supreme Court reinstated the
death penalty in 1976, 32 States and the
Federal Government executed 749
prisoners:

During this 25-year period, 5 States
executed 491 prisoners: Texas (256),
Virginia (83), Missouri (53), Florida 
(51), and Oklahoma (48).  These States
accounted for nearly two-thirds of all
executions.  Between 1977 and 2001,
415 white non-Hispanic men, 262 black
non-Hispanic men, 52 Hispanic men, 7
American Indian men, 5 Asian men, 7
white non-Hispanic women, and 1 black
non-Hispanic woman were executed.

During 2001 Oklahoma carried out 18
executions, Texas executed 17 persons;
Missouri, 7; North Carolina, 5; Georgia, 
4; Indiana, Delaware, Virginia, and the
Federal system, 2 each; and Ohio,
Arkansas, Florida, California, Nevada,
New Mexico, and Washington, 1 each. 
The inmate executed in New Mexico was
the first executed in that State since
1960; the two inmates executed in the
Federal system were the first since 1963. 
Sixty-three of the persons executed in
2001 were male and 3 were female. 
Forty-five were white; 17 were black; 
3 were Hispanic; and 1 was American
Indian.

From 1977 to 2001, 6,754 prisoners were
under death sentences for varying
lengths of time.  The 749 executions
accounted for 11% of those at risk.  A
total of 2,424 prisoners (36% of those at
risk) were removed by means other than
execution.  About the same percentage of
whites (13%), blacks (9%), and Hispanics
(10%) were executed.  Somewhat larger
percentages of whites (38%) and blacks
(36%) than Hispanics (26%) were removed 
from under a death sentence by means other 
than execution.
 
Among prisoners executed from 1977 to
2001, 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 10
months, and black prisoners, 10 years
and 10 months.  The 66 prisoners
executed in 2000 were under sentence 
of death an average of 11 years and 10
months.

For the 749 prisoners executed between
1977 and 2001, the most common method of 
execution was lethal injection (584).  
Other methods were electrocution (149), 
lethal gas (11), hanging (3), and firing 
squad (2).

Among prisoners under sentence of death 
at yearend 2001, the average time spent 
in prison was 8 years and 7 months, up 
7 months from that in 2000.

The median time between the imposition
of a death sentence and yearend 2001
was 89 months.  Overall, the average
time for women was 6.6 years, 2 years
less than that for men (8.6 years). On
average, whites, blacks, and Hispanics
had spent from 90 to 106 months under 
a sentence of death.

------------------------------------
Advance count of executions: 
January 1, 2002 -- December 11, 2002

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.

As of December 11, 2002, 13 States
executed 68 inmates. This is three more
than the number executed as of the same 
date in 2001.

Three States accounted for two-thirds 
of the executions carried out during 
this period: Texas carried out 33, 
Missouri, 6, and Oklahoma, 5.

Lethal injection accounted for 67 of 
the executions; 1 was carried out by
electrocution.

Fifty-one of those executed were white,
and 17 were black. Two women were
executed (one each in Alabama and
Florida).

Final counts for 2002 will appear in
Capital Punishment 2002, released in
late 2003.  This annual report will
comprise data collected from State 
and Federal correctional agencies.  
The report will cover all persons 
under sentence of death on December 
31, 2002, 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
corrections in each jurisdiction currently
authorizing capital punishment; and
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 on the BJS website, Correctional 
Populations in the United States -- 
Statistical Tables.  NPS-8 covers all 
persons under sentence of death at any 
time during the year who were held in a 
State or Federal nonmilitary correctional 
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 adds inmates to the population under 
sentence of death not at sentencing but 
at the time they are admitted to a State 
or Federal correctional facility; (2)If inmates 
entered prison under a death sentence or were
reported as being relieved of a death sentence 
in one year 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 director.

BJS Bulletins present the first 
release of findings from permanent 
data collection programs. 

This Bulletin was written by Tracy L. 
Snell and Laura M. Maruschak under the
supervision of Allen J. Beck.  

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 Marilyn M. Monahan.

December 2002, NCJ 197020
----------------------------------------

End of file
12/12/02 ih