U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Bulletin Capital Punishment, 2003 November 2004, NCJ 206627 --------------------------------------------------------------- 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/cp03.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 --------------------------------------------- Highlights * At yearend 2003, 37 States and the Federal prison system held 3,374 prisoners under sentence of death, 183 fewer than at yearend 2002. * Of those under sentence of death, 56% were white, 42% were black, and 2% were of other races. * The 369 Hispanic inmates under sentence of death accounted for 12% of inmates with a known ethnicity. * Forty-seven women were under sentence of death in 2003, up from 38 in 1993. * The 144 inmates received under sentence of death during 2003 represent the smallest number of admissions since 1973. * The number of executions decreased to 65 during 2003, the lowest number since 1996 (45). * Of the 7,061 people under sentence of death between 1977 and 2003, 12% were executed, 4% died by causes other than execution, and 36% received other dispositions. * The number of States authorizing lethal injection increased from 25 in 1993 to 37 in 2003. In 2003, 98% of executions were by lethal injection, compared to 68% in 1993. * Since 1977, 718 of the 885 executions (81%) were by lethal injection. --------------------------------------------- Eleven States and the Federal Government executed 65 prisoners during 2003. The number executed was 6 fewer than in 2002. Those executed during 2003 had been under sentence of death an average of 10 years and 11 months, 4 months longer than the period for inmates executed in 2002. At yearend 2003, 3,374 prisoners were under sentence of death. California held the largest number on death row (629), followed by Texas (453), Florida (364), and Pennsylvania (230). During 2003, 25 States and the Federal prison system received 144 prisoners under sentence of death. During the year, 257 inmates had their death sentences overturned or removed, the largest number since 1976 when the Supreme Court reinstated the death penalty. Illinois accounted for 62% of these removals. In 2003, 65 men were executed, including 41 whites, 20 blacks, 3 Hispanics (all white), and 1 American Indian. Sixty-four were carried out by lethal injection; one by electrocution. From January 1, 1977, to December 31, 2003, 885 inmates were executed by 32 States and the Federal Bureau of Prisons. Two-thirds of the executions occurred in 5 States: Texas (313), Virginia (89), Oklahoma (68), Missouri (61), and Florida (57). Capital punishment laws At yearend 2003 the death penalty was authorized by 38 States and the Federal Government. No State enacted new legislation authorizing capital punishment in 2003. The Missouri Supreme Court struck a portion of that State's capital statute on August 26, 2003 (State ex rel Simmons v. Roper, 112 S.W.3d 397 (Mo. banc 2003)). The Court found that evolving standards required that the minimum age for capital sentences be raised to 18 years of age rather than 16 as specified by Missouri law. Statutory changes During 2003, 11 States revised statutory provisions relating to the death penalty. By State, the changes were as follows: Colorado -- Revised an aggravating factor to include use of chemical, biological or radiological weapons and added as an aggravating factor intentional killing of more than one person in more than one criminal episode(C.R.S. 18.1.3-1201(5)(f) and (p), respectively), effective 4/29/2003. Colorado also added to its list of aggravating factors deliberately killing of a pregnant woman when the defendant knew the victim was pregnant (C.R.S. 18.1.3-1201(5)(q)), effective 7/1/2003. Delaware -- Amended the statute to clarify that, while juries decide the existence of aggravating circumstances, sentencing is at the judge's discretion (Del. Code Ann. 11 sec 4209(d)(1)). Judges departing from a jury's recommendation must issue a written opinion specifying the reason (Del. Code Ann. 11 sec 4209(d)(4)). Both changes were effective 7/15/2003. Idaho -- Idaho amended its code of procedure to require that sentencing proceedings be held before a jury in capital cases unless a defendant waives the jury and the prosecutor consents to this waiver (19-2515, Idaho Code), effective 2/13/2003. The Idaho legislature also added to its statute a definition of and procedures for determining if a defendant is mentally retarded, an exemption from the death penalty for any defendants who are deemed to be mentally retarded, and alternate sentencing procedures to be used under these circumstances (19-2515A, Idaho Code), effective 3/27/2003. Illinois -- Amended sections of its criminal and procedural codes relating to the death penalty. These changes became effective 11/19/2003. Illinois established procedures for courts to follow when a death sentence is deemed inappropriate in light of the facts of the case (720 ILCS 5/9-1(g) and (I)). A new law prohibited imposition of a death sentence on any defendant found to be mentally retarded and setting forth procedures for such a determination (725 ILCS 5/114-15). The Illinois legislature also added sections regarding admissibility rules for testimony from informants (725 ILCS 5/115-21), written disclosure of any information potentially relevant to witness credibility (725 ILCS 5/115-22), and criteria for a court to decertify a case as a capital case (720 ILCS 5/9-1(h-5)). Indiana -- Revised the procedural code to require the State Supreme Court to consider during sentence review claims that the sentence is "erroneous" (IC 35-5-2-9(j)(3)(B)). This law was passed in 2003, but was retroactively effective 7/1/2002. Indiana also amended the statute to allow for post-conviction consideration of new evidence challenging the defendant's guilt or the appropriateness of the death sentence (IC 35-5-2-9(k)), effective 7/1/2003. Louisiana -- Amended the code of criminal procedure to prohibit capital sentencing of mentally retarded persons (La. C.Cr.P. Art. 905.5.1). Montana -- Modified the code of criminal procedure to require that a defendant either admit to or be found guilty beyond a reasonable doubt of aggravating factors in order to be sentenced to death (46-1-401 MCA; 46-18-302, 305, and 310 MCA), effective 10/1/2003.Nevada -- Revised its law to allow juries rather than 3-judge panels to determine death sentences (NRS sec 175.552(1)(b)), effective 6/9/2003; and to set alternatives to a death sentence in cases where a defendant has been found to be mentally retarded by the court (NRS sec175.552(2), (3), and (4)), effective 10/1/2003. Texas -- Expanded its definition of criminal homicide to include murder during the commission of a terroristic threat (TX Penal Code 19.03(a)(2)), effective 9/1/2003. Utah -- Amended its statute to exempt mentally retarded persons from capital sentences and to specify pre-trial procedures for determining the mental retardation of defendants (Utah Code Ann. sec 77-15a-101); and creating post-conviction procedures for defendants to prove mental retardation (Utah Code Ann. sec 76-3-207(8)), effective 3/15/2003. Virginia -- Excluded mentally retarded defendants from capital sentences (Va. Code sec 19.2-264.3), effective 7/1/2003. 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 automatic review of both the conviction and sentence, Idaho, Oklahoma, South Dakota, 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 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, 2003, 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 (18 U.S.C. 3596). Minimum age In 2003 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. Sixteen States and the Federal system required a minimum age of 18. Fifteen States indicated an age of eligibility between 14 and 17. Characteristics of prisoners under sentence of death at yearend 2003 Thirty-seven States and the Federal prison system held a total of 3,374 prisoners under sentence of death on December 31, 2003, a decrease of 188 since the end of 2002. Illinois accounted for 84% of this decline with a net decrease of 157 prisoners. Other jurisdictions accounted for a decrease of 31 prisoners during 2003. This was the third consecutive year that the number of prisoners under a sentence of death declined, down from 3,601 on December 31, 2000. Three States reported 43% of the Nation's death row population: California (629), Texas (453), and Florida (364). The Federal Bureau of Prisons held 23 inmates at yearend. Of the 39 jurisdictions authorizing the death penalty in 2003, New Hampshire had no one under a capital sentence, and New York, Illinois, South Dakota, Colorado, Montana, New Mexico, and Wyoming had 5 or fewer. Among the 38 jurisdictions with prisoners under sentence of death at yearend 2003, 11 had more inmates than a year earlier, 19 had fewer inmates, and 8 had the same number. California had an increase of 16, followed by Arizona (6), and Texas and Virginia (4 each). Following Illinois, the largest decreases were in Missouri (14), North Carolina (11), and Oklahoma and Pennsylvania (10 each). During 2003 the number of both white and black inmates under sentence of death declined (by 61 and 133, respectively) while the number of persons of other races (including American Indians, Asians, and self-identified Hispanics) rose from 72 to 78. Men were 99% (3,327) of all prisoners under sentence of death. Whites accounted for 56%; blacks accounted for 42%; and other races (2%) included 29 American Indians, 35 Asians, and 14 persons whose race was unknown. Among those for whom ethnicity was known, 12% were Hispanic. During 2003 the number of women sentenced to be executed decreased from 51 to 47. Two women were received under sentence of death, and six were removed from death row. Women were under sentence of death in 17 States. Two-thirds of the women on death row at yearend were being held in four States: California, Texas, Pennsylvania, and North Carolina. The number of Hispanics under sentence of death rose from 363 to 369 during 2003. Twenty-four Hispanics were received under sentence of death, 15 were removed from death row, and 3 were executed. More than three-quarters of the Hispanics were held in 3 States: California (130), Texas (121), and Florida (30). The gender, race, and Hispanic origin of those under sentence of death at yearend 2003 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, 2003, 34% of all inmates were age 30 to 39, and 64% were age 25 to 44. The youngest offender under sentence of death was 19; the oldest was 88. Criminal history of inmates under sentence of death in 2003 Among inmates under a death sentence on December 31, 2003, 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 third 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 (70%) 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 (22%) or blacks (18%) than whites (14%) 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 4,156 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, 2003, 25 State prison systems reported receiving 142 inmates under sentence of death; the Federal Bureau of Prisons received 2 inmates. More than half of the inmates were received in 5 States: Texas (29), California (19), Florida (11), and Arizona and Oklahoma (9 each). Of 144 prisoners who were received under sentence of death, 143 had been convicted of murder and 1 of rape (Louisiana). Two of those admitted were female. By race, 92 were white, 44 were black, 3 were American Indian, 3 were Asian, and 2 were of unknown race. Of the 144 new admissions, 24 were Hispanic. The 144 admissions to death row in 2003 marked a decline of 24 from the 168 admissions recorded in 2002, 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 and the Federal Bureau of Prisons reported 257 persons whose death sentences were removed or overturned. In addition to the 159 inmates removed in Illinois, appeals courts vacated 78 sentences while upholding the convictions and vacated 15 sentences while overturning the convictions. Pennsylvania (16 exits)had the largest number of vacated sentences. Louisiana and Ohio each reported one commutation of a death sentence. Colorado removed three inmates when the Colorado Supreme Court declared their death sentences unconstitutional. As of December 31, 2003, 224 of 257 persons who were formerly under sentence of death were serving a reduced sentence, 11 were awaiting a new trial,12 were awaiting resentencing,7 had all capital charges dropped, and 1 had no action taken after being removed from under sentence of death. The current status of 2 inmates was not available. In addition, 10 persons died while under sentence of death in 2003. Six of these deaths were from natural causes -- 2 each in Tennessee and California; and 1 each in Ohio and Utah. Four deaths were suicides -- one each in Georgia, Montana, South Dakota, and Tennessee. From 1977, the year after the Supreme Court upheld the constitutionality of revised State capital punishment laws, to 2003, a total of 6,681 persons entered prison under sentence of death. During these 27 years, 885 persons were executed, and 2,802 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 2003, 3,266 (49%) were white, 2,723 (41%) were black, 582 (9%) were Hispanic, and 110 (2%) were other races. The distribution by race and Hispanic origin of the 3,687 inmates who were removed from death row between 1977 and 2003 was as follows: 1,910 whites (52%), 1,499 blacks (41%), 228 Hispanics (6%), and 50 persons of other races (1%). Of the 885 who were executed, 510 (58%) were white, 301 (34%) were black, 61 (7%) were Hispanic, and 13 (1%) were of other races. Executions According to data collected by the Federal Government, from 1930 to 2003, 4,744 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 885 prisoners: During this 27-year period, 5 States executed 589 prisoners: Texas (313), Virginia (89), Oklahoma (69), Missouri (61), and Florida (57). These States accounted for two-thirds of all executions. Between 1977 and 2003, 501 white non-Hispanic men, 300 black non-Hispanic men, 61 Hispanic men, 8 American Indian men, 5 Asian men, 9 white non-Hispanic women, and 1 black non-Hispanic woman were executed. During 2003 Texas carried out 24 executions; Oklahoma executed 14 persons; North Carolina, 7; Alabama, Florida, Georgia, and Ohio, 3 each; Indiana, Missouri, and Virginia, 2 each; and Arkansas and the Federal prison system, 1 each. All 65 of the inmates executed in 2003 were male. Forty-one were white; 20 were black; 3 were Hispanic; and 1 was American Indian. From 1977 to 2003, 7,061 prisoners were under death sentences for varying lengths of time. The 885 executions accounted for 12% of those at risk. A total of 2,802 prisoners (40% of those at risk) were removed by means other than execution. About the same percentage of whites (15%), blacks (10%), and Hispanics (10%) were executed. Somewhat larger percentages of whites and blacks (each 41%) than Hispanics (28%) were removed from under a death sentence by means other than execution. Among prisoners executed from 1977 to 2003, the average time between the imposition of the most recent sentence received and execution was more than 10 years. White prisoners had spent an average of 10 years and 1 month, and black prisoners, 10 years and 9 months. The 65 prisoners executed in 2003 were under sentence of death an average of 10 years and 11 months. For the 885 prisoners executed between 1977 and 2003, the most common method of execution was lethal injection (718). Other methods used included electrocution (151), lethal gas (11), hanging (3), and firing squad (2). Among prisoners under sentence of death at yearend 2003, the average time spent in prison was 9 years and 7 months, up 6 months from that in 2002. The median time between the imposition of a death sentence and yearend 2003 was 103 months. Overall, the average time for women was 7 years and 8 months, 23 months less than that for men (9 years and 7 months). On average, whites, blacks, and Hispanics had spent from 100 to 118 months under a sentence of death. --------------------------------------------- Advance count of executions: January 1, 2004 -- November 9, 2004 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 November 9, 2004, 12 States had executed 56 inmates, 5 fewer than the number executed as of the same day in 2003. Three States accounted for nearly 6 in 10 of the executions carried out during this period: Texas performed 21, and Ohio carried out 7, and Oklahoma executed 6. Lethal injection accounted for 55 of the executions; electrocution, for 1. Thirty-seven of those executed were white, 18 were black, and 1 was Asian. No women were executed. Final counts for 2004 will appear in Capital Punishment 2004, released in late 2005. This annual report will consist of data collected from State and Federal correctional agencies. The report will cover all persons under sentence of death on December 31, 2004, 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 . 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); and (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 2004, NCJ 206627 A -------------------------------------------------------------- End of file 10/13/04 ih, pm