U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics December 2011, NCJ 236510 Capital Punishment, 2010 Statistical Tables Tracy L. Snell, BJS Statistician --------------------------------------------------- This file is text without graphics and many of the tables. A Zip archive of the tables in this report in spreadsheet format (.cvs) and the full report including tables and graphs in .pdf format are available at: http://www.bjs.gov/index.cfm?ty=pbdetail&iid=2236 This reports is one in series. More recent editions may be available. To view a list of all reports in the series go to http://www.bjs.gov/index.cfm?ty=pbse&sid=1 --------------------------------------------------- At yearend 2010, 36 states and the Federal Bureau of Prisons held 3,158 inmates under sentence of death, 15 fewer inmates than at yearend 2009. This represents the tenth consecutive year that the number of inmates under sentence of death has decreased. Four States (California, Florida, Texas, and Pennsylvania) held more than half of all inmates on death row as of December 31, 2010. The Federal Bureau of Prisons held 58 inmates on death row. Of those under sentence of death at yearend, 55% were white and 42% were black. The 388 Hispanic inmates under sentence of death accounted for 14% of inmates with a known ethnicity. Ninety-eight percent of inmates under sentence of death were male, and 2% were female. The race and gender of those under sentence of death has remained relatively unchanged since 2000. During 2010, 119 inmates were removed from under sentence: 46 were executed, 20 died by means other than execution, and 53 were removed as a result of sentences or convictions overturned or commutations of sentences. A total of 104 inmates were received under sentence of death during 2010, representing the smallest number of admissions since 1973 when 44 persons were admitted. During 2010, 22 states and the Federal Bureau of Prisons received 104 prisoners under sentence of death. Admissions in California (24), Florida (14), Arizona (9), and Texas (8) accounted for 53% of those sentenced to death in 2010. Twelve states executed 46 inmates during 2010, 6 fewer inmates than in 2009. The inmates executed in 2010 had been under sentence of death an average of 14 years and 10 months, which was 9 months longer than those executed in 2009. Of the 7,879 people under sentence of death between 1977 and 2010, 16% had been executed, 6% died by causes other than execution, and 39% received other dispositions.***Footnote *Following the U.S. Supreme Court's approval of revised statutes in some states (Gregg v. Georgia), executions of inmates resumed in 1977.*** Four states revised capital statutes in 2010 At yearend 2010, the death penalty was authorized by 36 states and the federal government (table 1). While New Mexico repealed the death penalty in 2009 (Laws 2009, ch. 11  5), the repeal was not retroactive. As of December 31, 2010, New Mexico held two men under previously imposed death sentences, and one person was awaiting sentencing with the state seeking the death penalty. During 2010, four states revised statutory provisions relating to the death penalty: South Carolina--Amended the list of aggravating factors to include murder committed while in the commission of trafficking in persons ( 16-3-20(c)(a)(1)(c)), effective June11, 2010. Tennessee--Added as an aggravating circumstance the intentional murder of a pregnant woman when it was known by the defendant that the victim was pregnant (Tenn. Code Ann  39-13-204(i)(16)), effective July 1, 2010. Utah--Revised the minimum sentence required in capital felony cases in which the jury does not reach a unanimous decision to impose a death sentence. The minimum sentence was increased from an indeterminate sentence of 20 years to life to an indeterminate sentence of 25 years to life (Utah Code Ann  76-3-207 and  76-5-202), effective May 11, 2010. Virginia--Revised the definition of capital murder to include fire marshals, auxiliary police officers, and auxiliary deputy sheriffs among law enforcement officers killed while performing official duties (Va Code  18.2-31(6)), effective July 1, 2010. Lethal injection was authorized by all states with capital statutes As of December 31, 2010, all 36 states with death penalty statutes authorized lethal injection as a method of execution (table 2). In addition to lethal injection, 16 states authorized an alternative method of execution. Nine states authorized electrocution; three states, lethal gas; three states, hanging; and two states, firing squad. For states that authorize multiple methods of execution, the method is generally selected by the condemned prisoner. Five of the 16 states stipulated which method must be used depending on either the date of the offense or sentencing. One state authorized hanging only if lethal injection could not be given. Five states authorized alternative methods if lethal injection is ruled to be unconstitutional: one authorized hanging, one state authorized electrocution, one authorized electrocution or firing squad, one authorized firing squad, and one authorized lethal gas. 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). ************************************** Executions in 2011 Between January 1 and December 19, 2011, 13 states executed 43 inmates, which was 3 fewer than the number executed as of the same date in 2010. Three states accounted for more than half of the executions carried out during this period: Texas executed 13 inmates; Alabama executed 6; and Ohio executed 5. Of the 43 executions carried out during this period, all were by lethal injection. No women were executed during this period **************************************** 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 are available on the BJS website at www.bjs.gov. 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 report 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-8 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. 2010 Statistical Tables Table 1. Capital offenses, by state, 2010 Table 2. Method of execution, by state, 2010 Table 3. Federal capital offenses, 2010 Table 4. Prisoners under sentence of death, by region, jurisdiction, and race, 2009 and 2010 Table 5. Women under sentence of death, by region, jurisdiction, and race, 2009 and 2010 Table 6. Hispanics under sentence of death, by region and jurisdiction, 2009 and 2010 Table 7. Inmates removed from under sentence of death, by method of removal, 2010 Table 8. Average time between sentencing and execution, 1977-2010 Table 9. Number of inmates executed, by race, 1977-2010 Table 10. Executions, by state and method, 1977-2010 Table 11. Number of persons executed, by jurisdiction, 1930-2010 Table 12. Prisoners under sentence of death on December 31, 2010, by jurisdiction and year of sentencing Table 13. Executions and other dispositions of inmates sentenced to death, by race and Hispanic origin, 1977-2010 Table 14. Prisoners sentenced to death and outcome of sentence, by year of sentencing, 1973-2010 Table 15. Number sentenced to death and number of removals, by jurisdiction and reason for removal, 1973-2010 **************************************** Table 1 Capital offenses, by state, 2010 State Offense Alabama--Intentional murder with 18 aggravating factors (Ala. Stat. Ann. 13A-5-40(a)(1)-(18)). Arizona-- First-degree murder, including pre-meditated murder and felony murder, accompanied by at least 1 of 14 aggravating factors (A.R.S.  13-703(F)). Arkansas--Capital murder (Ark. Code Ann. 5-10-101) with a finding of at least 1 of 10 aggravating circumstances; treason. California--First-degree murder with special circumstances; sabotage; train wrecking causing death; treason; perjury causing execution of an innocent person; fatal assault by a prisoner serving a life sentence. Colorado--First-degree murder with at least 1 of 17 aggravating factors; first-degree kidnapping resulting in death; treason. Connecticut--Capital felony with 8 forms of aggravated homicide (C.G.S.  53a-54b). Delaware--First-degree murder (11 Del. C.  636) with at least 1 statutory aggravating circumstance (11 Del. C.  4209). Florida--First-degree murder; felony murder; capital drug trafficking; capital sexual battery. Georgia--Murder; kidnapping with bodily injury or ransom when the victim dies; aircraft hijacking; treason. Idaho--First-degree murder with aggravating factors; first degree kidnapping; perjury resulting in death. Illinois--First-degree murder with 1 of 21 aggravating circumstances (720 ILCS 5/9-1). Indiana--Murder with 16 aggravating circumstances (IC 35-50- 2-9). Kansas--Capital murder with 8 aggravating circumstances (KSA 21-3439, KSA 21-4625, KSA 21-4636). Kentucky--Murder with aggravating factors; kidnapping with aggravating factors (KRS 532.025). Louisiana--First-degree murder; treason (La. R.S. 14:30 and 14:113). Utah Aggravated murder (76-5-202, Utah Code Annotated). Maryland--First-degree murder, either premeditated or during the commission of a felony, provided that certain death eligibility requirements are satisfied. Mississippi--Capital murder (Miss. Code Ann.  97-3-19(2)); aircraft piracy (Miss. Code Ann.  97-25-55(1)). Missouri--First-degree murder (565.020 RSMO 2000). Montana--Capital murder with 1 of 9 aggravating circumstances (Mont. Code Ann.  46-18-303); aggravated sexual intercourse without consent (Mont. Code Ann.  45-5- 503). 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--Murder committed in the course of rape, kidnapping, or drug crimes; killing of a police officer, judge, or prosecutor; murder for hire; murder by an inmate while serving a sentence of life without parole (RSA 630:1, RSA 630:5). New York*--First-degree murder with 1 of 13 aggravating factors (NY Penal Law 125.27). North Carolina--First-degree murder (NCGS 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 163.095-150). Pennsylvania--First-degree murder with 18 aggravating circumstances. South Carolina--Murder with 1 of 12 aggravating circumstances ( 16- 3-20(C)(a)). South Dakota--First-degree murder with 1 of 10 aggravating circumstances. Tennessee--First-degree murder with 1 of 16 aggravating circumstances (Tenn. Code Ann.  39-13-204). Texas--Criminal homicide with 1 of 9 aggravating circumstances (Tex. Penal Code  19.03). Utah--Aggravated murder (76-5-202, Utah Code Annotated). Virginia--First-degree murder with 1 of 15 aggravating circumstances (VA Code  18.2-31). Washington--Aggravated first-degree murder. Wyoming--First-degree murder; murder during the commission of sexual assault, sexual abuse of a minor, arson, robbery, burglary, escape, resisting arrest, kidnapping, or abuse of a minor under 16 (W.S.A.  6-2-101(a)). *The New York Court of Appeals has held that a portion of New York's death penalty sentencing statute (CPL 400.27) was unconstitutional (People v. Taylor, 9 N.Y.3d 129(2007)). As a result, no defendants can be sentenced to death until the legislature corrects the errors in this statute. Source: BJS, National Prisoner Statistics Program. ***************************************** Office of Justice Programs * Innovation * Partnerships * Safer Neighborhoods * http://www.ojp.gov The Bureau of Justice Statistics is the statistical agency of the U.S. Department of Justice. James P. Lynch is director. This report was written by Tracy L. Snell. Paul Guerino and James J. Stephan verified the report. Lorelle Dennis and Garry L. Smith carried out the data collection and processing under the supervision of Heather C. West and Stephen G. Simoncini, Criminal Justice Statistics Branch, Governments Division, Census Bureau, U.S. Department of Commerce. Data collection and processing was completed with assistance from Steve Bittner, Colette R. Heiston, and Christopher Alaura. Jill Thomas edited the report, Barbara Quinn produced the report, and Jayne E. Robinson prepared the report for final printing under the supervision of Doris J. James. December 2011, NCJ 236510 The full text of each report is available in PDF and ASCII formats on the BJS website at www.bjs.gov. Tables are also available in PDF and CSV formats. Related datasets are made available on the National Archive of Criminal Justice Data website at http://www.icpsr.umich.edu/icpsrweb/NACJD/index.jsp. 12/14/2011/JER/3:00pm