U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Bulletin Capital Punishment, 2002 November 2003, NCJ 201848 --------------------------------------------------------------- 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/cp02.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 Thomas P. Bonczar and Tracy L. Snell BJS Statisticians --------------------------------------------------------- Highlight Status of death penalty, December 31, 2002 * At yearend 2002, 37 States and the Federal prison system held 3,557 prisoners under sentence of death, 20 fewer than at yearend 2001. * The 159 inmates received under sentence of death represent the smallest number of admissions since 1973. * The 364 Hispanic inmates under sentence of death accounted for 12% of inmates with a known ethnicity. * At yearend the youngest death-row inmate was 18; the oldest was 87. * Fifty-one women were under sentence of death in 2002, up from 36 in 1992. * After declining for two years, the number of executions increased to 71 during 2002. * Of the 6,912 people under sentence of death between 1977 and 2002, 12% were executed, 4% died by causes other than execution, and 33% received other dispositions. * The number of States authorizing lethal injection increased from 22 in 1992 to 37 in 2002. In 2002, 99% of executions were by lethal injection, compared to two-thirds in 1992. * Since 1977, 654 of the 820 executions (80%) were by lethal injection. ------------------------------------------------------------ Thirteen States executed 71 prisoners during 2002. The number executed was 5 greater than in 2001. Those executed during 2002 had been under sentence of death an average of 10 years and 7 months, 15 months less than that for inmates executed in 2001. At yearend 2002, 3,557 prisoners were under sentence of death. California held the largest number on death row (614), followed by Texas (450), Florida (366), and Pennsylvania (241). Twenty-four people were under a Federal death sentence. During 2002, 27 States and the Federal prison system received 159 prisoners under sentence of death. Texas (37 admissions), California (14), Alabama (11), Florida (10), and Pennsylvania (9) accounted for more than half of those sentenced in 2002. During 2002, 69 men and 2 women were executed: 53 whites and 18 blacks. The executed inmates included 6 Hispanics (all white). Seventy were carried out by lethal injection; one by electrocution. From January 1, 1977, to December 31, 2002, 820 inmates were executed by 32 States and the Federal Bureau of Prisons. Two- thirds of the executions occurred in 5 States: Texas (289), Virginia (87), Missouri (59), Oklahoma (55), and Florida (54). Capital punishment laws At yearend 2002 the death penalty was authorized by 38 States and the Federal Government. No State enacted new legislation authorizing capital punishment in 2002. The United States Supreme Court struck a portion of the Arizona capital punishment statutes on June 24, 2002 (Ring v. Arizona, 122 S. Ct. 2428 (2002)). The Court found that allowing a judge, rather than a jury, to decide the presence of aggravating factors violates a defendant's Sixth Amendment right to a trial by a jury. Statutory changes During 2002, 11 States revised statutory provisions relating to the death penalty. By State, the changes were as follows: Alabama -- Authorized lethal injection as a method of execution, effective 7/1/2002. An inmate may elect in writing to be executed by electrocution within 30 days of the date of sentence. The statute also mandates that a death sentence will not be reduced if the method of execution is found to be unconstitutional (Ala. Code sec 15-18-82). Arizona -- Revised the capital statute to allow a jury to sentence a defendant to death by a unanimous decision when finding of at least one aggravating circumstance (A.R.S. 13-703.01), effective 8/1/2002. Colorado -- Revised its code of criminal procedure to allow determination of a death sentence by unanimous jury decisions rather than by 3-judge panels (C.R.S. 18-1.3-1201), effective 7/12/2002. Delaware -- Amended its code of criminal procedure to allow juries to decide the existence of aggravating circumstances. If a jury is unable to unanimously find the presence of an aggravating factor, a judge cannot override that verdict and the defendant may not be sentenced to death (Del. Code 11 sec 4209(c)(3), (d)(1)). Delaware also prohibited imposition of a death sentence on any defendant found by the trial judge to be "seriously mentally retarded" and setting forth procedures for such a determination (Del. Code 11 sec 4209(d)(3)). Both changes were effective 7/22/2002. Indiana -- Raised the minimum age of eligibility for a death sentence from 16 to 18 years of age at the time the murder was committed (IC 35-50-2-3). Indiana also revised portions of its statutes to require submission of a separate verdict form for each aggravating circumstance alleged by the State. Revisions were also approved preventing a sentencing judge from overriding a jury's unanimous verdict in the sentencing phase of a capital trial to sentence a defendant to death or life without parole (IC 35-50-2-9). These changes became effective 7/1/2002. Nebraska -- Changed its sentencing procedures to allow juries to unanimously decide the existence or nonexistence of aggravating circumstances (Neb. sec 29-2519 to 29-2522), effective 11/23/2002. New Jersey -- Expanded the definition of felony murder to include acts of terrorism resulting in death (N.J.S.A 2C:11-3c), effective 6/18/2002. Oklahoma -- Added to the definition of first degree murder terrorist acts resulting in death. Terrorist acts include any "act of violence resulting in damage to property or personal injury perpetrated to coerce a civilian population or government into granting illegal political or economic demands" (Okla. Stat. Ann. 21 sec 1268), effective 6/6/2002. Tennessee -- Added to its definition of felony murder "killing of another in the perpetration of ... acts of terrorism" (Tenn. Code Ann. sec 39-13-202(a)(2)) and to its list of aggravating circumstances murder committed in the course of an act of terrorism (Tenn. Code Ann. sec 39-13-204(i)(15)), effective 7/4/2002. Utah -- Amended its statute to include as a mitigating factor diminished mental capacity as a result of retardation (Utah Code Ann. sec 76-3-207), effective 5/6/2002. Virginia -- Added as an aggravating factor deliberate killing of any person in the commission of an act of terrorism (Va. Code sec 18.2-31(13)), effective 7/1/2002. 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. Arkansas rule requires 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, 2002, lethal injection was the predominant method of execution (37 States). Nine States authorized electrocution; four States, lethal gas; three States, hanging; and three States, firing squad. Seventeen States authorized more than 1 method lethal injection and an alternative method -- generally at the election of the condemned prisoner; however, 5 of these 17 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 2002 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. Fifteen States and the Federal system required a minimum age of 18. Sixteen States indicated an age of eligibility between 14 and 17. Characteristics of prisoners under sentence of death at yearend 2002 Thirty-seven States and the Federal prison system held a total of 3,557 prisoners under sentence of death on December 31, 2002, a decrease of 20 since the end of 2001. This decrease during 2002 marks the second consecutive year that the number of prisoners under a death sentence at yearend declined. Since December 31, 2000, the number under sentence of death decreased from 3,601 to 3,557. Three States reported 40% of the Nation's death row population: California (614), Texas (450), and Florida (366). The Federal Bureau of Prisons held 24 inmates at yearend. Of the 39 jurisdictions authorizing the death penalty in 2002, New Hampshire had no one under a capital sentence, and New York, Kansas, South Dakota, Colorado, New Mexico, and Wyoming had 5 or fewer. Among the 38 jurisdictions with prisoners under sentence of death at yearend 2002, 9 had more inmates than a year earlier, 14 had fewer inmates, and 15 had the same number. California had an increase of 9, followed by Alabama and the Federal system (5 each). The largest decreases were in North Carolina (9), Florida (7), and Missouri (6). During 2002 the number of white inmates under sentence of death declined by 37; the number of blacks increased by 16; and the number of persons of other races (including American Indians, Asians, and self-identified Hispanics) rose from 71 to 72. Men were 99% (3,506) of all prisoners under sentence of death. Whites comprised 54%; blacks comprised 44%; and other races (2%) included 27 American Indians, 33 Asians, and 12 persons of unknown race. Among those for whom ethnicity was known, 12% were Hispanic. During 2002 the number of women sentenced to be executed remained at 51. Five women were received under sentence of death, three were removed from death row, and two were executed. Women were under sentence of death in 16 States. Nearly three-quarters of women on death row at yearend were in five States: California, Texas, North Carolina, Pennsylvania, and Illinois. The number of Hispanics under sentence of death rose from 361 to 364 during 2002. Eighteen Hispanics were received under sentence of death, 9 were removed from death row, and 6 were executed. Nearly three-quarters of the Hispanics were held in 3 States: California (126), Texas (114), and Florida (29). The gender, race, and Hispanic origin of those under sentence of death at yearend 2002 were as follows: 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, 2002, 34% of all inmates were age 30 to 39, and 67% were age 25 to 44. The youngest offender under sentence of death was 18; the oldest was 87. Criminal history of inmates under sentence of death in 2002 Among inmates under a death sentence on December 31, 2002, 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 (58%) 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 (18%) 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 4,005 individuals received under sentence of death during that time, about 1 in 7 entered with 2 or more death sentences. Entries and removals of persons under sentence of death Between January 1 and December 31, 2002, 27 State prison systems reported receiving 154 inmates under sentence of death; the Federal Bureau of Prisons received 5 inmates. More than half of the inmates were received in 5 States: Texas (37), California (14), Alabama (11), Florida (10), and Pennsylvania (9). All 159 prisoners who were received under sentence of death had been convicted of murder; 5 were female. By race, 83 were white, 73 were black, 2 were Asian, and 1 was an American Indian. Of the 159 new admissions, 18 were Hispanic. The 159 admissions to death row in 2002 marked a further decline from the 163 admissions recorded in 2001, and represented the smallest number received in a year since 44 persons were admitted in 1973. Between 1994 and 2000, in contrast, an average 297 inmates per year were admitted. Twenty-six States reported 83 persons whose death sentences were removed or overturned. Appeals courts vacated 40 sentences while upholding the convictions and vacated 32 sentences while overturning the convictions. Florida and North Carolina each had 12 capital sentences vacated, more than any other State. In Florida, six had their sentences overturned, and six had their convictions overturned. In North Carolina, one death sentence was commuted, six death sentences were vacated, and five convictions were overturned. Pennsylvania reported five commutations of death sentences; Texas reported two; and Georgia, Nevada, and Ohio each reported one. As of December 31, 2002, 43 of 83 persons who were formerly under sentence of death were serving a life sentence. One inmate had been resentenced to 65 years; one to 60 years; and two others to 30 years. Seventeen inmates were awaiting a new trial, 11 were awaiting resentencing, and 2 had all capital charges dropped. No action had yet been taken in the case of one inmate removed from under sentence of death. The current status of five inmates was not available. In addition, 25 persons died while under sentence of death in 2002. Twenty-one of these deaths were from natural causes -- 3 each in Illinois and Texas; 2 each in Florida, Nevada, and North Carolina; and 1 each in Arizona, California, Colorado, Kentucky, Louisiana, Maryland, Ohio, Oklahoma, and Pennsylvania. Three of these deaths were suicides -- one each in Alabama, Illinois, and Pennsylvania. One of these deaths, in Indiana, was the result of a murder by another inmate. From 1977, the year after the Supreme Court upheld the constitutionality of revised State capital punishment laws, to 2002, a total of 6,532 persons entered prison under sentence of death. During these 26 years, 820 persons were executed, and 2,535 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 2002, 3,189 (49%) were white, 2,679 (41%) were black, 558 (8%) were Hispanic, and 106 (2%)were other races. The distribution by race and Hispanic origin of the 3,355 inmates who were removed from death row between 1977 and 2002 was as follows: 1,777 whites (53%), 1,320 blacks (39%), 209 Hispanics (6%), and 49 persons of other races (1%). Of the 820 who were executed, 469 (57%) were white, 281 (34%) were black, 58 (7%) were Hispanic, and 12 (2%) were of other races. Executions According to data collected by the Federal Government, from 1930 to 2002, 4,679 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 820 prisoners: During this 26-year period, 5 States executed 544 prisoners: Texas (289), Virginia (87), Missouri (59), Oklahoma (55), and Florida (54). These States accounted for two-thirds of all executions. Between 1977 and 2002, 460 white non-Hispanic men, 280 black non-Hispanic men, 58 Hispanic men, 7 American Indian men, 5 Asian men, 9 white non-Hispanic women, and 1 black non-Hispanic woman were executed. During 2002 Texas carried out 33 executions, Oklahoma executed 7 persons; Missouri, 6; Georgia and Virginia, 4 each; Ohio, Florida, and South Carolina, 3 each; Alabama, Mississippi, and North Carolina, 2 each; California and Louisiana, 1 each. Sixty-nine of the persons executed in 2002 were male and 2 were female. Forty-seven were white; 18 were black; and 6 were Hispanic. From 1977 to 2002, 6,912 prisoners were under death sentences for varying lengths of time. The 820 executions accounted for 12% of those at risk. A total of 2,535 prisoners (37% of those at risk) were removed by means other than execution. About the same percentage of whites (14%), blacks (10%), and Hispanics (10%) were executed. Somewhat larger percentages of whites (39%)and blacks (36%)than Hispanics (26%) were removed from under a death sentence by means other than execution. Among prisoners executed from 1977 to 2002, 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 11 months, and black prisoners, 10 years and 10 months. The 71 prisoners executed in 2002 were under sentence of death an average of 10 years and 7 months. For the 820 prisoners executed between 1977 and 2002, the most common method of execution was lethal injection (654). Other methods were electrocution (150), lethal gas (11), hanging (3), and firing squad (2). Among prisoners under sentence of death at yearend 2002, the average time spent in prison was 9 years and 1 month, up 6 months from that in 2001. The median time between the imposition of a death sentence and yearend 2002 was 97 months. Overall, the average time for women was 6 years and 11 months, 27 months less than that for men (9 years and 2 months). On average, whites, blacks, and Hispanics had spent from 95 to 113 months under a sentence of death. ---------------------------------------------- Advance count of executions: January 1, 2003 -- December 31, 2003 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. During 2003, 11 States and the Federal Government executed 65 inmates. This is six fewer than the number executed in 2002. Two States accounted for more that half of the executions carried out during this period: Texas carried out 24, and Oklahoma carried out 14. Lethal injection accounted for 64 of the executions; electrocution, for 1. Forty-four of those executed were white, 20 were black, and 1 was American Indian. No women were executed. Final counts for 2003 will appear in Capital Punishment 2003, released in late 2004. 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, 2003, 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 and in the Correctional Populations in the United States -- Statistical Tables, also on the website. 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 4 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. --------------------------------------- This report in portable document format and in ASCII and its related statistical data and tables--including five appendix tables -- are available at the BJS World Wide Web Internet site: http://www.ojp.usdoj.gov/bjs/ --------------------------------------- ------------------------------------------------- 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 Thomas P. Bonczar and Tracy L. Snell 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 Steven M. Bittner and Marilyn M. Monahan. November 2003, NCJ 201848 D ------------------------------------------------------ End of file 11/05/03 ih th