U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Bulletin Capital Punishment, 2004 November 2005, NCJ 211349 ------------------------------------------------------ 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/cp04.htm This report is one in a series. More recent editions may be available. To view a list of all in 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 2004, 36 States and the Federal prison system held 3,314 prisoners under sentence of death, 63 fewer than at yearend 2003. * Of those under sentence of death, 56% were white, 42% were black, and 2% were of other races. * The 367 Hispanic inmates under sentence of death accounted for 13% of inmates with a known ethnicity. * Fifty-two women were under sentence of death in 2004, up from 43 in 1994. * The 125 inmates received under sentence of death during 2004 represent the smallest number of admissions since 1973. * The number of executions decreased to 59 during 2004, the lowest number since 1996 (45). * Of the 7,187 people under sentence of death between 1977 and 2004, 13% were executed, 4% died by causes other than execution, and 37% received other dispositions. * The number of States authorizing lethal injection increased from 27 in 1994 to 37 in 2004. In 2004, 98% of executions were by lethal injection, compared to 74% in 1994. * Since 1977, 776 of the 944 executions (82%) were by lethal injection. --------------------------------------------------- Twelve States executed 59 prisoners during 2004. The number executed was 6 fewer than in 2003. Those executed during 2004 had been under sentence of death an average of 11 years, or 1 month longer than the period for inmates executed in 2003. At yearend 2004, 3,314 prisoners were under sentence of death. California held the largest number on death row (637), followed by Texas (446), Florida (364), and Pennsylvania (222). Thirty-three people were under a Federal death sentence. During 2004, 29 States and the Federal prison system received 125 prisoners under sentence of death. Texas (23 admissions), California (11), the Federal prison system (10), Florida (9), Alabama (7), and Louisiana (6) accounted for more than half of those sentenced in 2004 (53%). In 2004, 59 men were executed, including 36 whites, 19 blacks, 3 Hispanics (all white), and 1 Asian. Fifty-eight were carried out by lethal injection; one by electrocution. From January 1, 1977, to December 31, 2004, 944 inmates were executed by 32 States and the Federal Bureau of Prisons. Two-thirds of the executions occurred in 5 States: Texas (336), Virginia (94), Oklahoma (75), Missouri (61), and Florida (59). Capital punishment laws At yearend 2004 the death penalty was authorized by 38 States and the Federal Government. No State enacted new legislation authorizing capital punishment in 2004. The New Jersey Supreme Court ruled on February 3, 2004, that aggravating factors are elements of a capital murder under State statute and must, therefore, be submitted to the grand jury and returned in an indictment(State v. Fort in, 843 A.2d 974 (2004)). The New York Court of Appeals overturned a portion of that State's criminal procedure on June 24, 2004. The decision in People v. LaValle (3 NY3d 88, 783 NYS2d 485 (Ct of Apps. 2004)) found that the requirement that jurors in the penalty phase of a capital trial be told that a deadlock will allow the defendant to be eligible for parole violated the heightened standard of reliability in sentencing required by the New York State Constitution. The Kansas Supreme Court struck a portion of that State's capital statute on December 17, 2004 (State v. Michael Lee Marsh II, Case No. 81, 135). The statute states that when the existence of aggravating circumstances is not outweighed by any mitigating circumstances a death sentence should be imposed (K.S.A. 21-4624(e)). The court ruled that this was unconstitutional under the Eighth and Fourteenth Amendments. ---------------------------------------------- Capital offenses, by State, 2004 Alabama. Intentional murder with 18 aggravating factors (Ala. Stat. Ann. 13A-5-40(a)(1)-(18)). Arizona*. First-degree murder accompanied by at least 1 of 10 aggravating factors (A.R.S. sec 13-703(F)). Arkansas*. Capital murder (Ark. Code Ann. 5-10-101) ith a finding of at least 1 of 10 aggravating circumstances; treason. California*. First-degree murder with special circumstances; train wrecking; treason; perjury causing execution. Colorado*. First-degree murder with at least 1 of 17 aggravating factors; treason. Connecticut*. Capital felony with 8 forms of aggravated homicide (C.G.S. 53a-54b). Delaware*. First-degree murder with aggravating circumstances. Florida*. First-degree murder; felony murder; capital drug trafficking; capital sexual battery. Georgia*. Murder; kidnaping with bodily injury or ransom when the victim dies; aircraft hijacking; treason. Idaho*. First-degree murder with aggravating factors; aggravated kidnaping; perjury resulting in death. Illinois*. First-degree murder with 1 of 21 aggravating circumstances. Indiana*. Murder with 16 aggravating circumstances (IC 35-50-2-9). Kansas*. Capital murder with 8 aggravating circumstances(KSA 21-3439). Kentucky*. Murder with aggravating factors; kidnaping with aggravating factors (KRS 532.025). Louisiana*. First-degree murder; aggravated rape of victim under age 12; treason (La. R.S.14:30, 14:42, and 14:113). Maryland*. First-degree murder, either premeditated or during the commission of a felony, provided that certain death eligibility requirements are satisfied. Mississippi. Capital murder (97-3-19(2)MCA); aircraft piracy (97-25-55(1) MCA). Missouri*. First-degree murder (565.020 RSMO 2000). Montana. Capital murder with 1 of 9 aggravating circumstances (46-18-303 MCA); capital sexual assault (45-5-503 MCA). Nebraska*. First-degree murder with a finding of at least 1 statutorily-defined aggravating circumstance. Nevada*. First-degree murder with at least 1 of 15 aggravating circumstances (NRS 200.030, 200.033, 200.035). New Hampshire. Six categories of capital murder (RSA 630:1, RSA 630:5). New Jersey. Murder by one's own conduct, by solicitation, committed in furtherance of a narcotics conspiracy, or during commission of a crime of terrorism (NJSA 2C:11-3c). New Mexico*. First-degree murder with at least 1 of 7 statutorily-defined aggravating circumstances (Section 30-2-1 A, NMSA). New York*. First-degree murder with 1 of 13 aggravating factors (NY Penal Law sec 125.27). North Carolina*. First-degree murder (NCGS sec 14-17). Ohio. Aggravated murder with at least 1 of 10 aggravating circumstances (O.R.C. Secs. 2903.01, 2929.02, and 2929.04). Oklahoma. First-degree murder in conjunction with a finding of at least 1 of 8 statutorily defined aggravating circumstances. Oregon. Aggravated murder (ORS 163.095). Pennsylvania. First-degree murder with 18 aggravating circumstances. South Carolina*. Murder with 1 of 11 aggravating circumstances (sec 16-3-20(C)(a)). South Dakota*. First-degree murder with 1 of 10 aggravating circumstances; aggravated kidnaping. Tennessee*. First-degree murder with 1 of 15 aggravating circumstances (Tenn. Code Ann. sec 39-13-204). Texas. Criminal homicide with 1 of 8 aggravating circumstances (TX Penal Code 19.03). Utah*. Aggravated murder (76-5-202, Utah Code Annotated). Virginia*. First-degree murder with 1 of 13 aggravating circumstances (VA Code sec 18.2-31). Washington*. Aggravated first-degree murder. Wyoming. First-degree murder. -------------------------------------------- Statutory changes During 2004, 4 States revised statutory provisions relating to the death penalty. By State, the changes were as follows: California -- Added to its penal code a new section which defines mentally retarded and procedures for determining whether a defendant is mentally retarded (Cal. Penal Code, Section 1376). The statute exempts imposition of a death sentence on any defendant found to be mentally retarded and became effective January 1, 2004. South Dakota -- Enacted a law creating a minimum age of 18 for which a death sentence may be imposed (SDCL 23A-27A-42), effective July 1, 2004. Utah -- Repealed the use of a firing squad as a method of execution for all persons sentenced to death on or after May 3, 2004 (Utah Code Ann. sec77-18-5.5). The law allows for use of a firing squad for those sentenced prior to that date or in the event that lethal injection is found to be unconstitutional. Wyoming -- Revised the capital statute to increase the minimum age of eligibility for a death sentence from 16 to 18 years at the time the murder was committed (W.S. 6-2-101 (b)), effective 7/1/2004. 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 was 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, Montana, 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, 2002Westlaw 31030906 (Ark. Sept. 12, 2002)). Method of execution As of December 31, 2004, 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, 1 authorized electrocution or firing squad, and 1 authorized 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 2004 six 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. Eighteen States and the Federal system required a minimum age of 18. Fourteen States indicated an age of eligibility between 14 and 17. Characteristics of prisoners under sentence of death at yearend 2004 Thirty-six States and the Federal prison system held a total of 3,314 prisoners under sentence of death on December 31, 2004, a decrease of 63 since the end of 2003. This was the fourth consecutive year that the number of prisoners under a sentence of death declined, down from 3,601 on December 31, 2000. Three States reported 44% of the Nation's death row population: California (637), Texas (446), and Florida (364). The Federal Bureau of Prisons held 33 inmates at yearend. Of the 39 jurisdictions authorizing the death penalty during 2004, New Hampshire and Kansas had no one under a capital sentence, and New York, South Dakota, Colorado, Montana, New Mexico, and Wyoming had 4 or fewer. Among the 37 jurisdictions with prisoners under sentence of death at yearend 2004, 9 had more inmates than a year earlier, 15 had fewer inmates, and 13 had the same number. The largest increase occurred in the Federal Bureau of Prisons (10), followed by California (7), Illinois (4), and Oregon (2). The largest decreases were in Arizona (19), North Carolina (13), and Oklahoma (10). During 2004 the number of white and black inmates under sentence of death declined (by 32 and 27, respectively). The number of persons of other races (including American Indians, Asians, and self-identified Hispanics) decreased from 78 to 74. Men made up 98% (3,262) of all prisoners under sentence of death. Whites accounted for 56%; blacks accounted for 42%; and other races (2%) included 28 American Indians, 32 Asians, and 14 persons whose race was unknown. Among those for whom ethnicity was known, 13% were Hispanic. During 2004 the number of women sentenced to be executed increased from 47 to 52. Five women were received under sentence of death; none was removed from death row. Women were under sentence of death in 19 States. More than 6 in 10 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 365 to 367 during 2004. Sixteen Hispanics were received under sentence of death, 11 were removed from death row, and 3 were executed. More than three-quarters of the Hispanics were held in 3 States: California (131), Texas (124), and Florida (31). The gender, race, and Hispanic origin of those under sentence of death at yearend 2004 were as follows: Among all inmates under sentence of death for whom date of arrest 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, 2004, 34% of all inmates were age 30 to 39, and 63% were age 25 to 44. The youngest offender under sentence of death was 18; the oldest was 89. Criminal history of inmates under sentence of death in 2004 Among inmates under a death sentence on December 31, 2004, 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 (17%) 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 4,283 individuals received under sentence of death during that time, 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, 2004, 29 State prison systems and the Federal Bureau of Prisons reported receiving 125 inmates under sentence of death. More than half of the inmates were received in 6 jurisdictions: Texas (23), California (11), the Federal system (10), Florida (9), Alabama (7) and Louisiana (6). All 125 prisoners who were received under sentence of death had been convicted of murder; 5 were female. By race, 75 were white and 50 were black. Of the 125 new admissions, 16 were Hispanic. The 125 admissions to death row in 2004 marked a decline of 27 from the 152 admissions recorded in 2003, and represented the smallest number received in a year since 44 persons were admitted in 1973. The 10 persons who entered the Federal prison system in 2004 was twice the previous largest number of annual admissions to the Federal system since 1973 (5 in 1993 and in 2002). Twenty-two States reported 107 persons whose death sentences were removed or overturned. Appeals courts vacated 72 sentences while upholding the convictions and vacated 25 sentences while overturning the convictions. Arizona (23 exits) had the largest number of vacated sentences. Four States reported 4 commutations of a death sentence, including Indiana, Georgia, Oklahoma, and Texas (one each). Six inmates had their death sentence declared unconstitutional by the Kansas Supreme Court. As of December 31, 2004, 57 of 107 persons who were formerly under sentence of death were serving a reduced sentence, 20 were awaiting a new trial, 23 were awaiting resentencing, 1 had all capital charges dropped, and 6 had no action taken after being removed from under sentence of death. In addition, 22 persons died while under sentence of death in 2004. Nineteen of these deaths were from natural causes -- 4 each in Ohio and California; 3 in Florida; 2 in Texas ; and 1 each in Alabama, Kentucky, Louisiana, North Carolina, Oklahoma, and Idaho. Three deaths were suicides -- one each in Texas, Virginia, and Montana. From 1977, the year after the Supreme Court upheld the constitutionality of revised State capital punishment laws, to 2004, a total of 6,807 persons entered prison under sentence of death. During these 28 years, 944 persons were executed, and 2,929 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 2004, 3,331 (49%) were white, 2,773 (41%) were black, 593 (9%) were Hispanic, and 110 (2%) were other races. The distribution by race and Hispanic origin of the 3,873 inmates who were removed from death row between 1977 and 2004 was as follows: 2,002 whites (52%), 1,576 blacks (41%), 241 Hispanics (6%), and 54 persons of other races (1%). Of the 944 who were executed, 546(58%)were white, 320 (34%) were black, 64(7%) were Hispanic, and 14 (1%)were of other races. Executions According to data collected by the Federal Government, from 1930 to 2004, 4,803 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 944 prisoners: During this 28-year period, 5 States executed 625 prisoners: Texas (336), Virginia (94), Oklahoma (75), Missouri (61), and Florida (59). These States accounted for two-thirds of all executions. Between 1977 and 2004, 537 white non-Hispanic men, 319 black non-Hispanic men, 64 Hispanic men, 8 American Indian men, 6 Asian men, 9 white non-Hispanic women, and 1 black non-Hispanic woman were executed. During 2004 Texas carried out 23 executions; Ohio executed 7 persons; Oklahoma, 6 persons; Virginia, 5; North Carolina and South Carolina, 4 each; Alabama, Florida, Georgia, and Nevada, 2 each; and Arkansas and Maryland, 1 each. All 59 of the inmates executed in 2004 were male. Thirty-six were white; 19 were black; 3 were Hispanic; and 1 was Asian. From 1977 to 2004, 7,187 prisoners were under death sentences for varying lengths of time. The 944 executions accounted for 13% of those at risk. A total of 2,929 prisoners (41% of those at risk) were removed by means other than execution. A higher percentage of whites (16%) were executed as compared with both blacks (11%) and Hispanics (11%). Somewhat larger percentages of blacks (43%) and whites (41%) than Hispanics (29%) were removed from under a death sentence by means other than execution. Among prisoners executed from 1977 to 2004, 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 59 prisoners executed in 2004 were under sentence of death an average of 11 years. For the 944 prisoners executed between 1977 and 2004, the most common method of execution was lethal injection (776). Other methods used included electrocution (152), lethal gas (11), hanging (3), and firing squad (2). Among prisoners under sentence of death at yearend 2004, the average time spent in prison was 10 years and 2 months, up 7 months from that in 2003. The median time between the imposition of a death sentence and yearend 2004 was 9 years and 2 months. Overall, the average time for women was 7 years and 11 months, 27 months less than that for men (10 years and 2 months). On average, whites, blacks, and Hispanics had spent from 105 to 126 months under a sentence of death. ---------------------------------------------- Advance count of executions: January 1, 2005 -- September 28, 2005 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 September 28, 2005, 12 States had executed 41 inmates, 3 fewer than the number executed as of the same day in 2004. Five States accounted for nearly three-quarters of the executions carried out during this period: Texas performed 13; Indiana executed 5; and Missouri, Alabama, and Oklahoma each carried out 4. Connecticut executed one inmate, the first in that State since 1960. Lethal injection accounted for all 41 executions. Thirty of those executed were white and 11 were black. One woman was executed (Texas). Final counts for 2005 will appear in Capital Punishment 2005, released in late 2006. 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, 2005, 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. ----------------------------------------------- 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 and Carolyn C. Williams edited the report. Jayne Robinson prepared the report for final printing. At the U.S. Census Bureau, Patricia A. Clark and Nicole Gist collected the data under the supervision of Steven M. Bittner and Marilyn M. Monahan. November 2005, NCJ 211349 ---------------------------------------------- ---------------------------------------------- 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: . --------------------------------------------- The end of file 10/27/05 ih