U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Bulletin Capital Punishment, 2005 December 2006, NCJ 215083 Revised 01/30/07 -------------------------------------------------------- This file is text only without graphics and many of the tables. A Zip archive of the tables in this report in spreadsheet format (.csv) and the full report including tables and graphics in .pdf format are available from: http://www.ojp.usdoj.gov/bjs/abstract/cp05.htm This report is one in a series. More recent editions may be available. To view a list of all in the series go to http://www.ojp.usdoj.gov/bjs/pubalp2.htm#cp -------------------------------------------------------- By Tracy L. Snell BJS Statistician ------------------------------------------------------- Highlights Status of the death penalty, December 31, 2005 * At yearend 2005, 36 States and the Federal prison system held 3,254 prisoners under sentence of death, 66 fewer than at yearend 2004. This represents the fifth consecutive year that the population has decreased. * Of those under sentence of death, 56% were white, 42% were black, and 2% were of other races. * The 362 Hispanic inmates under sentence of death accounted for 13% of inmates with a known ethnicity. * Fifty-two women were under sentence of death in 2005, up from 47 in 1995. * The 128 inmates received under sentence of death during 2005 represent the smallest number of admissions since 1973. * Of the 7,320 people under sentence of death between 1977 and 2005, 14% were executed, 4% died by causes other than execution, and 37% received other dispositions. * The number of States authorizing lethal injection increased from 32 in 1995 to 37 in 2005. In 2005, all of the executions were by lethal injection, compared to 88% in 1995. * Since 1977, 836 of the 1,004 executions (83%) were by lethal injection. ---------------------------------------------------------- Sixteen States executed 60 prisoners during 2005. The number executed was 1 more than in 2004. Those executed during 2005 had been under sentence of death an average of 12 years and 3 months, or 15 months longer than the period for inmates executed in 2004. At yearend 2005, 3,254 prisoners were under sentence of death. California held the largest number on death row (646), followed by Texas (411), Florida (372), and Pennsylvania(218). Thirty-seven people were under a Federal death sentence. During 2005, 24 States and the Federal prison system received 128 prisoners under sentence of death. Admissions in California (23), Florida (15), Texas (14), and Alabama (12) accounted for half of those sentenced to death in 2005. In 2005, 59 men and 1 woman were executed. The racial/ethnic distribution of those executed included 38 whites, 19 blacks, and 3 Hispanics(all white). All of the executions were carried out by lethal injection. From January 1, 1977, to December 31, 2005, 1,004 inmates were executed by 33 States and the Federal Bureau of Prisons. Nearly two-thirds of the executions occurred in 5 States: Texas (355), Virginia (94), Oklahoma (79), Missouri (66), and Florida (60). Six States revised death penalty statutes in 2005 At yearend 2005 the death penalty was authorized by 38 States and the Federal Government. No State enacted new legislation authorizing capital punishment in 2005. The United States Supreme Court struck a portion of the Missouri capital punishment statutes on March 1, 2005(Roper v. Simmons, U.S. 125 S.Ct. 1183 (2005)). The Court upheld the ruling of the Missouri Supreme Court that imposition of the death penalty on persons under age 18 at the time their crimes were committed is cruel and unusual punishment and therefore prohibited by the Eighth and Fourteenth Amendments. During 2005, 6 States revised statutory provisions relating to the death penalty. By State, the changes were as follows: Arizona -- Added four new aggravating factors: murder committed to promote a street gang or criminal syndicate; murder with the intent to prevent cooperation with law enforcement or to prevent or retaliate for court testimony; murder committed in a cold, calculated manner; murder committed by using a "remote stun gun" (A.R.S. 13-703 (F)(11-14)), effective 8/12/2005. Delaware -- Revised its code of criminal procedure to remove a requirement that alternate jurors be sequestered until conclusion of the guilt phase of capital trials (Del. Code Ann. 11 4209(b)(1)), effective 7/12/2005. Nevada -- Revised the capital statute to increase the minimum age of eligibility for a death sentence from 16 to 18 years at the time the offense was committed(NRS 176.025), effective 5/3/2005. Ohio -- Amended the code of criminal procedure to exempt mentally retarded persons from capital sentences (O.R.C. 2929.06(A)) and to allow imposition of the death penalty in cases where an appeals court previously vacated a death sentence (O.R.C. 2929.06(E)), effective 3/23/2005. Texas -- Added as an aggravating factor murder of an officer of the court(Tex. Penal Code 19.03(a)(9)), effective 9/1/2005. Utah -- Added to the definition of aggravated murder homicide involving desecration of a dead human body (Utah Code Ann. 76-5-202(e)) or dismembering, mutilation, or disfiguring of the victim's body, either before or after death(76-5-202(s)), effective 5/2/2005. Most States provide for automatic review of capital sentences 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, 2002 Westlaw 31030906 (Ark. Sept. 12, 2002)). Lethal injection was authorized by most States with capital statutes As of December 31, 2005, lethal injection was the predominant method of execution, authorized by 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. Five of these 17 States stipulated which method must be used depending on the date of sentencing. One State authorized hanging only if lethal injection could not be given. Three States authorized alternative methods 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). Most jurisdictions had set 18 as minimum age for capital sentences As of December 31, 2005, 18 States and the Federal system required a minimum age of 18 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. While the ruling in Roper v. Simmons effectively makes the minimum age 18 for capital punishment, 14 States had statutes that specified an age of eligibility between 14 and 17. Six jurisdictions did not specify a minimum age for which the death penalty could be imposed. Number under sentence of death declines for fifth straight year Thirty-six States and the Federal prison system held a total of 3,254 prisoners under sentence of death on December 31, 2005, a decrease of 66 since the end of 2004. This was the fifth 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 (646), Texas (411), and Florida (372). The Federal Bureau of Prisons held 37 inmates at yearend. Of the 39 jurisdictions authorizing the death penalty during 2005, 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 2005, 9 had more inmates than a year earlier, 21 had fewer inmates, and 7 had the same number. The largest increase occurred in the California (9), followed by Florida and the Federal Bureau of Prisons (5 each). The largest decreases were in Texas (37), Indiana (7), and North Carolina and Oklahoma (6 each). During 2005 the number of white and black inmates under sentence of death declined (by 51 and 18, respectively). The number of persons of other races (including American Indians, Asians, and self-identified Hispanics)increased from 74 to 77. Men made up 98% (3,202) of all prisoners under sentence of death. Whites accounted for 56%; blacks, 42%; and other races, 2%. Other races included 31 American Indians, 34 Asians, and 12 persons whose race was unknown. Among those for whom ethnicity was known, 13% were Hispanic. 52 women on death row at yearend During 2005 the number of women sentenced to be executed remained unchanged at 52. Five women were received under sentence of death, five were removed from death row, and 1 was executed. Women were under sentence of death in 18 States and the Federal system. Two-thirds of women on death row at yearend were being held in five States: California, Texas, Pennsylvania, North Carolina, and Alabama. The number of Hispanics under sentence of death declined from 368 to 362 during 2005. Seventeen Hispanics were received under sentence of death; 20 were removed from death row; and 3 were executed. More than three-quarters of the Hispanics were held in 3 States: California (136), Texas (112), and Florida (31). The gender, race, and Hispanic origin of those under sentence of death at yearend 2005 were as follows: Among all inmates under sentence of death for whom date of arrest was available, half were age 20 to 29 at the time of arrest for their capital offense; 11% were age 19 or younger; and fewer than 1% were age 55 or older. The average age at time of arrest was 28 years. On December 31, 2005, 33% of all inmates were age 30 to 39, and 61% were age 25 to 44. The youngest offender under sentence of death was 20; the oldest was 90. 8% of inmates under sentence of death had a prior homicide conviction Among inmates under a death sentence on December 31, 2005, for whom criminal history information was available, 65% 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. Fewer 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 (61%) had a prior felony conviction. About the same percentage of whites (8%), blacks (9%), and Hispanics (7%) had a prior homicide conviction. A slightly higher percentage of Hispanics (23%) or blacks (17%) than whites (14%) were on parole when arrested for their capital offense. Number of persons sentenced to death decreased for third straight year Between January 1 and December 31, 2005, 24 State prison systems and the Federal Bureau of Prisons reported receiving 128 inmates under sentence of death. More than half of the inmates were received in 5 jurisdictions: California (23), Florida (15), Texas (14), Alabama (12), and Arizona (8). All 128 prisoners who were received under sentence of death had been convicted of murder; 5 were female. By race, 70 were white and 52 were black. Of the 128 new admissions, 17 were Hispanic. The 128 admissions to death row in 2005 marked a decline of 10 from the 138 admissions recorded in 2004, and represented the smallest number received in a year since 44 persons were admitted in 1973 (not shown in table). 109 persons had their death sentences removed or overturned Twenty-two States and the Federal Bureau of Prisons reported 109 persons whose death sentences were removed or overturned. Appeals courts vacated 59 sentences while upholding the convictions and vacated 8 sentences while overturning the convictions. Texas reported the largest number of inmates whose death sentences were removed(31 removals). Two States reported commutations of death sentences: Indiana (2) and Virginia (1). Thirty-nine inmates in six States had their death sentences removed because a portion of the statute under which they were sentenced was declared unconstitutional. As of December 31, 2005, 89 of 107 persons who were formerly under sentence of death were serving a life sentence. One inmate had been resentenced to 50 years; two to 45 years; and one to 20 years. Two inmates were awaiting a new trial, 11 were awaiting resentencing, and 1 had no action taken after being removed from under sentence of death. The current status of two inmates was not available. 25 persons died while under sentence of death in 2005 Twenty-one persons under sentence of death died from natural causes during 2005 -- 6 in California; 3 in Florida; 2 each Ohio, Alabama, and Georgia; and 1 each in Arkansas, Louisiana, North Carolina, Oklahoma, Idaho, and Nevada. Three inmates committed suicide -- one each in Ohio, Mississippi, and Texas. One died in California as the result of a drug overdose. 6,940 persons sentence to death since 1977 From 1977, the year after the Supreme Court upheld the constitutionality of revised State capital punishment laws, to 2005, a total of 6,940 persons entered prison under sentence of death. During these 29 years, 1,004 persons were executed, and 3,062 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 2005, 3,388 (49%) were white, 2,825 (41%) were black, 611 (9%) were Hispanic, and 116 (2%) were other races. The distribution by race and Hispanic origin of the 4,066 inmates who were removed from death row between 1977 and 2005 was as follows: 2,101 whites (52%), 1,646 blacks (40%), 264 Hispanics (7%), and 55 persons of other races (1%). Of the 1,004 who were executed, 584 (58%) were white, 339 (34%) were black, 67 (7%) were Hispanic, and 14 (1%) were of other races. 60 inmates were executed during 2005 During 2005 Texas carried out 19 executions; Indiana, Missouri, and North Carolina each executed 5 persons; Ohio, Alabama, and Oklahoma, 4 persons each; Georgia and South Carolina, 3 each; California, 2; and Connecticut, Arkansas, Delaware, Florida, Maryland, and Mississippi, 1 each. The inmate executed in Connecticut was the first execution in that State since 1960. Fifty-nine of the inmates executed in 2005 were male and one was female. Thirty-eight were white; 19 were black; and 3 were Hispanic. After the Supreme Court reinstated the death penalty in 1976, 33 States and the Federal Government executed 1,004 prisoners: During this 29-year period, 5 States executed 654 prisoners: Texas (355), Virginia (94), Oklahoma(79), Missouri(66), and Florida (60). These States accounted for two-thirds of all executions. Between 1977 and 2005, 993 men were executed: 575 were white non-Hispanic; 337, black non-Hispanic; 67, Hispanic; 8, American Indian; and 6, Asian. Eleven women were executed: 9 white non-Hispanic and 2 black non-Hispanic. According to data collected by the Federal Government, from 1930 to 2005, 4,863 persons were executed under civil authority. Military authorities carried out an additional 160 executions between 1930 and 1961 (not shown in table). Between 1977 and 2005, 7,320 prisoners were under death sentences for varying lengths of time (table 10). The 1,004 executions accounted for 14% of those under sentence of death. A total of 3,062 prisoners (42%) were removed by means other than execution. A higher percentage of whites (16%) were executed as compared with both blacks and Hispanics (11% each). Somewhat larger percentages of blacks (43%) and whites (42%) than Hispanics (31%) were removed from under a death sentence by means other than execution. Inmates executed in 2005 had been under sentence of death an average of 12 years and 3 months Among all prisoners executed between 1977 and 2005, 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 3 months, and black prisoners, 10 years and 11 months. For the 1,004 prisoners executed between 1977 and 2005, the most common method of execution was lethal injection (836). Other methods used included electrocution (152), lethal gas (11), hanging (3), and firing squad (2). Among prisoners under sentence of death at yearend 2005, the average time spent in prison was 10 years and 8 months, up 6 months from that in 2004. The median time between the imposition of a death sentence and yearend 2005 was 9 years and 10 months. Overall, the average time for women was 7 years and 6 months, 39 months less than that for men (10 years and 9 months). On average, whites, blacks, and Hispanics had spent from 114 to 132 months under a sentence of death. ---------------------------------------------- Advance count of executions: January 1, 2006- December 31, 2006 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 2006, 14 States had executed 53 inmates, 7 fewer than the number executed 2005. Two States accounted for more than half of the executions carried out during this period: Texas performed 24, and Ohio executed 5. Lethal injections accounted for 52 of the executions; electrocution, for 1. Thirty-two of those executed were white and 21 were black. No women were executed. Final counts for 2006 will appear in Capital Punishment 2006, to be released in late 2007. 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, 2006, 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 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. Jeffrey L. Sedgwick is director. BJS Bulletins present the first release of findings from permanent data collection programs. This bulletin was written by Tracy L. Snell under the supervision of Allen J. Beck. Thomas P. Bonczar provided statistical verification. James J. Stephen and Lyndon Diaz provided statistical review. Tina L. Dorsey and Carolyn Williams produced the report, and Jayne Robinson prepared the report for final printing under the supervision of Doris J. James. At the U.S. Census Bureau, Nicole Gist collected the data under the supervision of Steven M. Bittner and Marilyn M. Monahan. December 2006, NCJ 215083 --------------------------------------------------- --------------------------------------------------- This report in portable document format and in ASCII and its related statistical data and tables are available at the BJS World Wide Web Internet site: . --------------------------------------------------- Revised 01/30/07 End of file 12/05/06 ih