U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics This report is one in a series. More recent editions may available. To view a list of all in the series go to http://www.ojp.usdoj.gov/bjs/pubalp2.htm#cp Capital Punishment, 1994 February 1996, NCJ-158023 Full text with tables available from: Bureau of Justice Statistics Clearinghouse 800-732-3277 (fax number for report orders and mail list signup only: 410-792-4358) Box 179 Annapolis Junction, MD. 20701-0179 U.S.Department of Justice Office of Justice Programs Capital Punishment 1994 By James J. Stephan and Tracy L. Snell BJS Statisticians ------------ Highlights ------------ Status of the death penalty, December 31,1994 Executions during 1994 ----------------------------- Texas 14 Arkansas 5 Virginia 2 Delaware 1 Florida 1 Georgia 1 Idaho 1 Indiana 1 Maryland 1 Nebraska 1 North Carolina 1 Washington 1 Total 31 Number of prisoners under sentence of death ----------------------------------------------- Texas 394 California 381 Florida 342 Pennsylvania 182 Illinois 155 Ohio 140 Alabama 135 Oklahoma 129 Arizona 121 North Carolina 111 Tennessee 100 Georgia 96 23 other jurisdictions 604 Jurisdictions without a death penalty ---------------------------------------- Alaska District of Columbia Hawaii Iowa Maine Massachusetts Michigan New York North Dakota Rhode Island Vermont West Virginia Wisconsin *During 1994, 31 men were executed: 20 were white 11 were black. *The 31 persons executed in 1994 were under sentence of death an average of 10 years and 2 months. *At yearend 1994, 34 States and the Federal prison system held 2,890 prisoners under sentence of death, 5.9% more than at yearend 1993. All had committed murder. *Of persons under sentence of death-- 1,645 were white 1,197 were black 23 were Native American 17 were Asian American 8 were classified as "other race." *The 224 Hispanic inmates under sentence of death accounted for 8.4% of inmates with a known ethnicity. *Forty-one women were under a sentence of death. *About 2 in 5 inmates sentenced to death were on parole or probation or in some other criminal justice status when they committed their capital offense. *Among inmates under sentence of death and with available criminal histories, 2 in 3 had a prior felony conviction; nearly 1 in 10 had a prior homicide conviction. *During 1994, 304 prisoners under a sentence of death were received by State prison systems from the courts. ------------------------ Capital Punishment 1994 ------------------------ Thirteen States executed 31 prisoners during 1994. The number of persons executed was seven fewer than in 1993. The prisoners executed during 1994 had been under sentence of death an average of 10 years and 2 months, about 9 months more than the average for inmates executed the previous year. At yearend 1994, 2,890 prisoners were under sentence of death. Texas held the largest number of death row inmates (394), followed by California (381), Florida (342), and Pennsylvania (182). Six prisoners were in Federal custody under a death sentence on December 31, 1994. Between January 1 and December 31, 1994, 26 State prison systems received 304 prisoners under sentence of death. Texas (43 admissions), Florida (39), North Carolina (27), and Alabama (24) accounted for 44% of the inmates entering prison under a death sentence in 1994. During 1994, 31 persons in 13 States were executed--14 in Texas; 5 in Arkansas; 2 in Virginia; and 1 each in Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Maryland, Nebraska, North Carolina, and Washington. All were men. Eighteen of the executed prisoners were non-Hispanic whites; 10 were non-Hispanic blacks; 1, white Hispanic; 1, white with unknown Hispanic origin; and 1, black with unknown Hispanic origin. Twenty-three of the executions were carried out by lethal injection, 6 by electrocution, 1 by lethal gas, and 1 by hanging. From January 1, 1977, to December 31, 1994, a total of 4,557 persons entered State and Federal prisons under sentences of death, among whom 51% were white, 40% were black, 7% were Hispanic, and 2% were of other races. During this 18-year period, a total of 257 executions took place in 24 States. Of the inmates executed, 140 were white, 98 were black, 17 were Hispanic, and 2 were Native American. Also during 1977-94, 1,790 prisoners were removed from a death sentence as a result of dispositions other than execution (resentencing, retrial, commutation, or death while awaiting execution). Of all persons removed from under a death sentence, 53% were white, 41% were black, 0.9% were Native American, 0.4% were Asian American, and 5% were Hispanic. ------------------ Statutory changes ------------------- During 1994, 14 States revised statutory provisions relating to the death penalty. Most of the changes involved additional aggravating circumstances, additional categories of victims permitting the application of the death penalty, and broadening of the law to allow a defendant to choose between two methods of execution. In one State, Washington, a U.S. district court struck the portion of a statute related to sentence review by the Washington Supreme Court. By State, these statutory changes were as follows: Alabama--Added to its list of capital offenses use of any weapon from outside a dwelling or car to kill a person in that dwelling or car and use of a weapon from within a car to kill a person (13A-5-40). These revisions became effective 4/26/94. Colorado--Added to its penal code as aggravating factors murder of two or more persons during the same criminal episode(16-11-103(5)(l)), effective 3/15/94; and intentional killing of a child under age 12 (16-11-103(5)(m)), effective 5/4/94. Delaware--Added to its penal code as aggravating factors murder of a child age 14 or younger by a person at least 4 years older than the victim, killing of a nongovernmental informant in retaliation for providing information concerning criminal activity to an investigative agency, and premeditated murder resulting from "substantial planning" for the commission of that murder itself, effective 7/14/94. Florida--Added new sections to and revised an act relating to death sentences. In specifying conditions of a sentence to life in prison without the possibility of release, the revision eliminates a previous stipulation of release if the offense was a capital felony. The stipulation was that the offender could be released after 25 years (FS 790.161, FS 775.082). These revisions became effective 5/25/94. Florida lawmakers also amended a statute making confidential any information which, if released, would identify the executioner (FS 922.10). Idaho--Amended its penal code to remove the requirement that the court determine whether the sentence of death is disproportionate to the penalty imposed in similar cases (19-2827), effective 7/1/94. Illinois--Added to its penal code the aggravating factors of intentional killing ordered or committed by the leader of a drug trafficking organization (720-ILCS 5/9-1(b)(13)) and intentional murder involving the infliction of torture (720-ILCS 5/9-(b)(14)), effective 1/1/94. Indiana--Added murder by intentionally discharging a firearm into an inhabited dwelling or from a vehicle and murder during criminal gang activity to the list of aggravating circumstances (35-50-2-9), effective 7/1/94. Kansas--Enacted a law creating the crime of capital murder and providing for a sentence of death if any of seven aggravating circumstances exists. The new law prohibits sentencing mentally retarded persons to death (Ch. 252, 1994 session), effective 7/1/94. Maryland--Revised its penal code to allow that any person sentenced to death shall be executed by lethal injection. Persons sentenced to death by lethal gas prior to March 25, 1994, will be executed by lethal injection unless a written request was made within 60 days after March 25 (Md. Ann. Code Art. 27, sections 71, 72, 73, 627) . Mississippi--Amended its code of criminal procedure to establish responsibility of the Mississippi Supreme Court, upon determination that one or more of the aggravating circumstances was invalid, for review of and re-sentencing in the case (Miss. Code Ann. 99-19-105 (3)(d) and (5)(h)), effective 8/23/94. New Jersey--Added as an aggravating factor the murder of a person younger than 14 years of age (NJS.2C:11-3c(4)(k)), effective 10/31/94. North Carolina--Amended its code of criminal procedure to allow, only by order of a judge, admission of a defendant's juvenile record as evidence in either the guilt phase or to prove an aggravating factor at sentencing (Section 1. G.S. 7A-675(a)), effective 10/1/94. South Dakota--Added new sections to an act relating to death sentences. These sections became effective 7/1/94. In defining aggravating circumstances allowing for prosecution as a capital offense, the revision eliminates "substantial history of serious assaultive criminal convictions" in favor of "felony conviction for a crime of violence as defined in subdivision 22-1-2(9)" (SDCL 23A-27A-1). South Dakota lawmakers also specified what qualifies as relevant evidence in the pre-sentence hearing following a guilty verdict in a capital case. Relevant evidence includes evidence of aggravating factors; impact testimony from the family of the victim; defendant's prior criminal or juvenile record, financial condition, and circumstances of the defendant's behavior; and all evidence concerning mitigating circumstances (SDCL 23A-27A-2). Tennessee--Revised a statute to change an aggravating circumstance, murder of a person under age 13, to include any person under age 16 (Tenn. Code Ann. 30-13-202(a)(4)), effective 7/1/94. Washington--The Federal District Court [in Harris By and Through Ramseyer v. Blodgett (F.Supp. 1239 (W.D.Wash. 1994))] struck in part the statute providing for sentence review. The proportionality review was held to be a violation of due process. The lack of guidelines governing the review created a process that was not reliable or constitutional. The effective date was May 17, 1994. -------------------------------------------------- Capital offenses, by State, Alabama through Maryland, 1994 ---------------------------------------------- Alabama. Murder during kidnaping, robbery, rape, sodomy, burglary, sexual assault, or arson; murder of a peace officer, correctional officer, or public official; murder while under a life sentence; murder for pecuniary gain or contract; aircraft piracy; murder by a defendant with a previous murder conviction; murder of a witness to a crime; murder when a victim is subpoenaed in a criminal proceeding, when the murder is related to the role of the victim as a witness; murder when a victim is less than 14 years old; murder in which a victim is killed while in a dwelling by a deadly weapon fired or otherwise used from outside the dwelling; murder in which a victim is killed while in a motor vehicle by a deadly weapon; murder in which a victim is killed by a deadly weapon fired or otherwise used in or from a motor vehicle (13A-5-40). Arizona. First-degree murder accompanied by at least 1 of 10 aggravating factors. Arkansas. Capital murder as defined by Arkansas statute (5-10-101). Felony murder; arson causing death; intentional murder of a law enforcement officer, teacher or school employee; murder of prison, jail, court, or correctional personnel or of military personnel acting in line of duty; multiple murders; intentional murder of a public officeholder or candidate; intentional murder while under life sentence; contract murder. California. Treason; homicide by a prisoner serving a life term; first-degree murder with special circumstances; train wrecking; perjury causing execution. Colorado. First-degree murder; felony murder; intentionally killing a peace officer, firefighter, judge, referee, elected State, county, or municipal official, Federal law enforcement officer or agent; person kidnaped or being held hostage by the defendant or an associate of the defendant; being party to an agreement to kill another person; murder committed while lying in wait, from ambush, or by use of an explosive or incendiary device; murder for pecuniary gain; murder in an especially heinous, cruel, or depraved manner; murder for the purpose of avoiding or preventing a lawful arrest or prosecution or effecting an escape from custody , including the intentional killing of a witness to a criminal offense; killing 2 or more persons during the same incident and murder of a child less than 12 years old; treason. Capital sentencing excludes persons determined to be mentally retarded. Connecticut. Murder of a public safety or correctional officer; murder for pecuniary gain; murder in the course of a felony; murder by a defendant with a previous conviction for intentional murder; murder while under a life sentence; murder during a kidnaping; illegal sale of cocaine, methadone, or heroin to a person who dies from using these drugs; murder during first-degree sexual assault; multiple murders; the defendant committed the offense(s) with an assault weapon. Delaware. First-degree murder with aggravating circumstances, including murder of a child victim 14 years of age or younger by an individual who was at least 4 years older than the victim; killing of a nongovernmental informant who provides an investigative, law enforcement or police agency with information concerning criminal activity; and premeditated murder resulting from substantial planning. Federal prison system. See Appendix II. Florida. Felony murder; first-degree murder; sexual battery on a child under age 12; destructive devices (unlawful use resulting in death). Capital drug trafficking. Georgia. Murder; kidnaping with bodily injury when the victim dies; aircraft hijacking; treason; kidnaping for ransom when the victim dies. Idaho. First-degree murder; aggravated kidnaping. Illinois. First-degree murder accompanied by at least 1 of 14 aggravating factors. Indiana. Murder with 14 aggravating circumstances. Kansas. Capital murder, including intentional and premeditated killing of any person in the commission of kidnaping; contract murder; intentional and premeditated killing by a jail or prison inmate; intentional and premeditated killing in the commission of rape or sodomy; intentional and premeditated killing of a law enforcement officer; and intentional and premeditated killing of a child under the age of 14 in the commission of kidnaping. Killing 2 or more persons during the same incident. Kentucky. Murder with aggravating factor; kidnaping with aggravating factor. Louisiana. First-degree murder; treason (La. R.S. 14:30 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 includes murder of a peace officer or correctional officer, murder while under a life sentence, murder by bomb or explosive, contract murder, murder committed during specific felonies (rape, burglary, kidnaping, arson, robbery, sexual battery, unnatural intercourse with a child, nonconsensual unnatural intercourse), and murder of an elected official. Capital rape is the forcible rape of a child under 14 years old by a person 18 years or older. Aircraft piracy. Missouri. First-degree murder (565.020 RSMO). Montana. Deliberate homicide; aggravated kidnaping when victim or rescuer dies; attempted deliberate kidnaping by a State prison inmate who has a prior conviction for deliberate homicide or who has been previously declared a persistent felony offender (46-18-303,MCA). Nebraska. First-degree murder. Nevada. First-degree murder with 9 aggravating circumstances. New Hampshire. Capital murder, including contract murder; murder of a law enforcement officer; murder of a kidnaping victim; killing another after being sentenced to life imprisonment without parole. New Jersey. Purposeful or knowing murder; contract murder. New Mexico. First-degree murder; felony murder with aggravating circumstances. North Carolina. First-degree murder (N.C.G.S. 14-17). Ohio. Aggravated murder, including assas- sination; contract murder; murder during escape; murder while in a correctional facility; murder after conviction for a prior purposeful killing or prior attempted murder; murder of a peace officer; murder arising from specified felonies (rape, kidnaping, arson, robbery, burglary); murder of a witness to prevent testimony in a criminal proceeding or in retaliation (O.R.C. secs. 2929.02, 2903.01, 2929.04). Oklahoma. First-degree murder, including murder with malice aforethought; murder arising from specified felonies (forcible rape, robbery with a dangerous weapon, kidnaping, escape from lawful custody, first-degree burglary, arson); murder when the victim is a child who has been injured, tortured, or maimed. Oregon. Aggravated murder. Pennsylvania. First-degree murder. South Carolina. Murder with a statutory aggravating circumstance. South Dakota. First-degree murder; kidnaping with gross permanent physical injury inflicted on the victim; felony murder. Tennessee. First-degree murder. Texas. Murder of a public safety officer, fireman, or correctional employee; murder during the commission of specified felonies (kidnaping, burglary, robbery, aggravated rape, arson); murder for remuneration; multiple murders; murder during prison escape; murder of a correctional officer; murder by a State prison inmate who is serving a life sentence for any of five offenses; murder of an individual under 6 years of age. Utah. Aggravated murder. Aggravated assault by a prisoner serving a life sentence if serious bodily injury is intentionally caused (76-5-202, Utah Code annotated). Virginia. Murder during the commission or attempts to commit specified felonies (abduction, armed robbery, rape, forcible sodomy); contract murder; murder by a prisoner while in custody; murder of a law enforcement officer; multiple murders; murder of a child under 12 years during an abduction; murder arising from drug violations (18.2-31, Virginia Code as amended). Washington. Aggravated first-degree premeditated murder. Wyoming. Premeditated murder; felony murder in the perpetration (or attempts) of sexual assault, arson, robbery, burglary escape, resisting arrest, kidnaping, or abuse of a child under 16 years of age. -------------------- Method of execution -------------------- As of December 31, 1994, lethal injection was the predominant method of execution (27 States). Twelve States authorized electrocution; 7 States, lethal gas; 4 States, hanging; and 1 State, a firing squad. Fourteen States authorized more than one method --lethal injection and an alternative method-- generally at the election of the condemned prisoner; however, 5 of these 14 stipulated which method must be used, depending on the date of sentencing; 1 authorized hanging only if lethal injection could not be given; and 1 authorized lethal gas if lethal injection could not be given; and 1 authorized lethal gas if lethal injection is ever ruled unconstitutional. Method of execution, by State, 1994 Lethal Lethal injection Electrocution gas Arizona a,b Alabama Arizonaa Arkansas a,d Arkansas a,d California a California a Connecticut Maryland a,e Colorado Florida Mississippi a,g Delaware a,c Georgia Missouria Idaho Indiana North Carolin aa Illinois Kentucky Wyoming a,h Kansas Nebraska Louisiana Ohio a Maryland a,e South Carolina Mississippi a,g Tennessee Missouri a Virginia Montana a Nevada New Hampshire a,f New Jersey New Mexico North Carolina a Ohio a Oklahoma Oregon Pennsylvania South Dakota Texas Utah a Washington a Wyoming a Hanging Firing squad Delaware a,c Utah a Montana a New Hampshire a,f Washington a Note: 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 USC 3596. a Authorizes 2 methods of execution. b Arizona authorizes lethal injection for persons whose capital sentence was received after 11/15/92; for those sentenced before that date, the condemned may select lethal injection or lethal gas. c Delaware authorizes lethal injection for those whose capital offense occurred after 6/13/86; for those whose offense occurred before that date, the condemned may select lethal injection or hanging. d Arkansas authorizes lethal injection for those whose capital offense occurred after 7/4/83; for those whose offense occurred before that date, the condemned may select lethal injection or electrocution. e Maryland authorizes lethal injection for those whose capital offense occurred after 3/25/94 and also for those whose offense occurred before that date, unless within 60 days from that date, the condemned selected lethal gas. f New Hampshire authorizes hanging only if lethal injection cannot be given. g Mississippi authorizes lethal injection for those convicted after 7/14/84 and lethal gas for those convicted prior to that date. h Wyoming authorizes lethal gas if lethal injection is ever held to be unconstitutional. ----------------- Automatic review ----------------- Of the 37 States with capital punishment statutes at yearend 1994, 36 provided for review of all death sentences regardless of the defendant's wishes. Arkansas had no specific provisions for automatic review, and the issue was in litigation in South Carolina. The Federal death penalty procedures did not provide for automatic review after a sentence of death had been imposed. While most of the 36 States authorized an automatic review of both the conviction and sentence, Idaho, Indiana, Montana, Oklahoma, and Tennessee required review of the sentence only. In Idaho, review of the conviction had to be appealed or forfeited. In Indiana, a defendant could waive review of the conviction. The review was usually conducted by the State's highest appellate court regardless of the defendant's wishes. (In Mississippi the question of whether a defendant could waive the right to automatic review of the sentence had not been addressed; and in Wyoming neither the statute nor case law clearly precluded a waiver of an appeal.) If either the conviction or the sentence was vacated, the case could be remanded to the trial court for additional proceedings or for retrial. As a result of retrial or resentencing, the death sentence could be reimposed. ------------ Minimum age ------------ In 1994 eight 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 criminal court for trial as an adult. Thirteen States and the Federal prison system required a minimum age of 18. Sixteen States indicated an age of eligibility between 14 and 17. Minimum age authorized for capital punishment, 1994 None Age less than 18 Age 18 specified Alabama (16) California Arizona Arkansas (14)a Colorado Idaho Delaware (16) Connecticut d Montana Georgia (17) Federal system Louisiana Indiana (16) Illinois Pennsylvania Kentucky (16) Kansas South Carolina Mississippi (16)b Maryland South Dakota e Missouri (16) Nebraska Utah Nevada (16) New Jersey New Hampshire (17) New Mexico North Carolina (17)c Ohio Oklahoma (16) Oregon Texas (17) Tennessee Virginia (15) Washington Wyoming (16) Florida (16) Note: Reporting by States reflects interpretations by State attorney general offices and may differ from previously reported ages. a See Arkansas Code Ann.9-27-318(b)(1)(Repl. 1991). b Minimum age defined by status is 13, but effective age is 16 based on an interpretation of U.S. Supreme Court decisions by the State attorney general's office. c Age required is 17 unless the murderer was incarcerated for murder when a subsequent murder occurred; the age then may be 14. d See Conn. Gen. Stat. 53a-46a(g)(1). e Juveniles may be transferred to adult court. Age may be a mitigating circumstance. No one under age 10 can commit a crime. ----------------------------------------------- Characteristics of prisoners under sentence of death at yearend 1994 ----------------------------------------------- Thirty-four States and the Federal prison system held a total of 2,890 prisoners under sentence of death on December 31, 1994, a gain of 161 or 5.9% more than at the end of 1993. The Federal prison system count remained steady at six during 1994. Three States reported 39% of the Nation's death row population: Texas (394), California (381), and Florida (342). Of the 38 jurisdictions with statutes authorizing the death penalty, New Hampshire and Wyoming had no one under a capital sentence, and Connecticut, South Dakota, New Mexico, and Colorado had 4 or fewer. Among the 34 States with prisoners under sentence of death at yearend 1994, 20 had more inmates than a year earlier, 6 had fewer inmates, and 8 had the same number. Texas had an increase of 28, followed by California (18), Florida (17), Alabama (15), Pennsylvania (14), North Carolina (12), and Ohio(11). Idaho had the largest decrease (2). During 1994 the number of blacks under sentence of death increased by 86; the number of whites increased by 68; and the number of persons of other races (Native Americans and Asians or Pacific Islanders) increased by 7. The number of Hispanics sentenced to death rose from 209 to 224 during 1994. Twenty-five Hispanics were received under sentence of death, 8 were removed from death row, and 1 was executed. Three-fourths of the Hispanics were incarcerated in 4 States: Texas (63), California (55), Florida (32), and Arizona (20). During 1994 the number of women sentenced to be executed increased from 36 to 41. Five women were received under sentence of death, and none was removed from death row or executed. Women were under sentence of death in 14 States. Nearly half of all women on death row at yearend were in Alabama, California, Florida and Illinois. Women under sentence of death, 12/31/94 State Total White Black ----------------------------------- Total 41 27 14 ----------------------------------- California 6 4 2 Alabama 5 3 2 Illinois 5 2 3 Florida 4 3 1 Oklahoma 4 3 1 Pennsylvania 4 1 3 Texas 4 3 1 Missouri 2 2 0 North Carolina 2 2 0 Arizona 1 1 0 Idaho 1 1 0 Mississippi 1 1 0 Nevada 1 0 1 Tennessee 1 1 0 Men were 98.6% (2,849) of all prisoners under sentence of death. Whites predominated (56.9%); blacks comprised 41.4%; and other races (1.7%) included 23 Native Americans, 17 Asian Americans, and 8 persons of unknown race. Among those for whom ethnicity was known, 8.4% were Hispanic. The race, sex, and Hispanic origin of those under sentence of death at yearend 1994 were as follows: Persons under sentence of death, by sex, race, and Hispanic origin, 12/31/94 White Black Other ------------------------ Male 1,618 1183 48 Hispanic 202 11 8 Female 27 14 0 Hispanic 2 1 0 Among inmates under sentence of death on December 31, 1994, for whom information on education was available, about three-fourths had either completed high school (37.4%) or finished 9th, 10th, or 11th grade (37.1%). The percentage who had not gone beyond eighth grade (15.3%) was about 50% larger than that of inmates who had attended some college (10.2%). The median level of education was the 12th grade. Of inmates under a capital sentence and with reported marital status, nearly half had never married; somewhat more than a fourth were married when they were sentenced; and nearly a fourth were divorced, separated, or widowed. Among all inmates under sentence of death, 44% were age 30 to 39 on December 31, 1994, and 73% were age 25 to 44. The median age was 35 years. Less than 1% were younger than 20 and 3% were age 55 or older. The youngest offender under sentence of death was age 17; the oldest was 79. More than half of all inmates under sentence of death at yearend 1994 were age 20 to 29 when they were arrested for their capital offense; 11% were age 19 or younger; and less than 1% were age 55 or older. ----------------------------------------------- Entries and removals of persons under sentence of death ----------------------------------------------- Between January 1 and December 31, 1994, 26 State prison systems reported receiving 304 prisoners under sentence of death. Forty-four percent of the inmates were received in 4 States: Texas (43), Florida (39), North Carolina (27), and Alabama (24). All 304 prisoners who had been received under sentence of death had been convicted of murder. By sex and race, 158 were white men, 133 were black men, 2 were Native American men, 1 was an Asian man, 5 were men of other or unspecified race, 2 were white women, and 3 were black women. Of 304 new admissions, 25 were Hispanic men. No Hispanic women were admitted under sentence of death in 1994. Twenty-six States reported a total of 100 persons whose sentence of death was overturned or removed. Appeals courts vacated 63 sentences while upholding the convictions and vacated 32 sentences while overturning the convictions. Florida (17 exits) had the largest number of vacated capital sentences. Georgia reported one removal on the basis of mental retardation. Georgia, Nevada, Ohio, and Virginia each reported one commutation of a death sentence. As of December 31, 1994, 43 of the 100 persons who were formerly under sentence of death were serving a reduced sentence, 18 were awaiting a new trial, 28 were awaiting resentencing, 1 was found not guilty in retrial, 2 had all capital charges dropped, 1 was resentenced to time served, 1 was released after expiration of a new sentence, 1 was resentenced to death, and 5 had no action taken after being removed from under sentence of death. In addition, 12 persons died while under sentence of death in 1994. Eight of these deaths were from natural causes--three in Florida, two in Arizona, and one each in California, Illinois, and Pennsylvania. Three suicides occurred--one each in Alabama, California, and Florida. One inmate in California was shot to death by a correctional officer during an altercation. From 1977, the year after the Supreme Court upheld the constitutionality of revised State capital punishment laws, to 1994, a total of 4,557 persons entered prison under sentence of death. During these 18 years, 257 persons were executed, and 1,790 were removed from under a death sentence by appellate court decisions and reviews, commutations, or death. (An individual may have received and been removed from under a sentence of death more than once). Among individuals who received a death sentence between 1977 and 1994, 2,336 (51%) were white, 1,838 (40%) were black, 316 (7%) were Hispanic, and 67 (2%) were of other races. The distribution by race and Hispanic origin of the 1,790 inmates who were removed from death row between 1977 and 1994 was as follows: 940 whites (53%), 735 blacks (41%), 90 Hispanics (5%), and 25 persons of other races (1%). Of the 257 who were executed, 140 (54%) were white, 98 (38%) were black, 17 (7%) were Hispanic, and 2 (1%) were other races. ----------------------------------------------- Criminal history of inmates under sentence of death in 1994 ----------------------------------------------- Among inmates under a death sentence on December 31, 1994, for whom criminal history information was available, 67% had past felony convictions, including 9% with at least one previous homicide conviction. Among those for whom legal status at the time of the capital offense was reported, 42% had an active criminal justice status. Nearly half of these were on parole and a fourth were on probation. The others had charges pending, were in prison, had escaped from incarceration, or had some other criminal justice status. Criminal history patterns differed by race and Hispanic origin. Relatively more blacks (72%) than whites (65%) or Hispanics (60%) had a prior felony conviction. About the same proportion of blacks (9%), whites (8%), or Hispanics (8%) had a prior homicide conviction. A relatively higher proportion of Hispanics (27%) than whites (17%) or blacks (23%) 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 1,976 individuals received under sentence of death during that time, about 1 in every 7 entered with two or more death sentences. Number of death sentences received Inmates ------------------------------------------- Total 100 % 1 86.0 2 9.8 3or more 4.3 Number admitted under sentence of death, 1988-94 1,976 The proportions of whites, blacks, and Hispanics with two or more death sentences were nearly identical. ----------- Executions ----------- According to data collected by the Federal Government, from 1930 to 1994, 4,116 persons were executed under civil authority . (Military authorities carried out an additional 160 executions, 1930-94). Number of persons executed, by jurisdiction, 1930-94 Number executed ----------------------- State Since 1930 Since 1977 U.S. total 4,116 257 Georgia 384 18 Texas 382 85 New York 329 California 294 2 North Carolina 269 6 Florida 203 33 Ohio 172 South Carolina 166 4 Mississippi 158 4 Louisiana 154 21 Pennsylvania 152 Alabama 145 10 Arkansas 127 9 Virginia 116 24 Kentucky 103 Tennessee 93 Illinois 92 2 New Jersey 74 Missouri 73 11 Maryland 69 1 Oklahoma 63 3 Washington 49 2 Colorado 47 Indiana 44 3 Arizona 41 3 District of Columbia 40 West Virginia 40 Nevada 34 5 Federal system 33 Massachusetts 27 Connecticut 21 Oregon 19 Iowa 18 Utah 17 4 Delaware 16 4 Kansas 15 New Mexico 8 Wyoming 8 1 Montana 6 Nebraska 5 1 Idaho 4 1 Vermont 4 New Hampshire 1 South Dakota 1 Alaska 0 Hawaii 0 Maine 0 Michigan 0 Minnesota 0 North Dakota 0 Rhode Island 0 Wisconsin 0 After the Supreme Court reinstated the death penalty in 1976, 24 States executed 257 prisoners: 1977 1 1987 25 1979 2 1988 11 1981 1 1989 16 1982 2 1990 23 1983 5 1991 14 1984 21 1992 31 1985 18 1993 38 1986 18 1994 31 During this 18-year period, 5 States executed 181 prisoners: Texas (85), Florida (33), Virginia (24), Louisiana (21), and Georgia (18). These States accounted for 70% of all executions. Between 1977 and 1994, 139 white non-Hispanic men, 98 black non-Hispanic men, 17 Hispanic men, 2 Native American men, and 1 white non-Hispanic woman were executed. During 1994 Texas carried out 14 executions; Arkansas executed 5 persons; Virginia, 2; and Illinois, Indiana, Nebraska, Delaware, Florida, Georgia, Maryland, North Carolina, Idaho, and Washington, 1 each. All persons executed in 1994 were male. Nineteen were non-Hispanic whites; 11 were non-Hispanic blacks; and 1 was Hispanic. From 1977 to 1994, 4,937 prisoners were under death sentences for varying lengths of time. The 257 executions accounted for 5.2% of those at risk. A total of 1,790 prisoners (36.3% of those at risk) received other dispositions. About the same proportion of whites (6%) as Hispanics (5%) and blacks (5%) were executed. Somewhat larger relative numbers of whites (37%) and blacks (36%) than Hispanics (27%) were removed from under a death sentence by means other than execution. Among prisoners executed between 1977 and 1994, the average time spent between the imposition of the most recent sentence received and execution was slightly more than 8 years. White prisoners had spent an average of 7 years and 8 months, and black prisoners, 8 years and 10 months. The 31 prisoners executed in 1994 were under sentence of death an average of 10 years and 2 months. For the 257 prisoners executed between 1977 and 1994, the most common method of execution was lethal injection (131). Other methods were electrocution (114), lethal gas (9), hanging (2), and firing squad (1). Among prisoners under sentence of death at yearend 1994, the average time spent in prison was 6 years and 4 months. Executions, 1977-94 --------------------------------- Amer- Method of His- ican execution White Black panic Indian Asian ----------------------------------------------- Total 140 98 17 2 0 Lethal injection 73 40 16 2 0 Electrocution 58 55 1 0 0 Legal gas 6 3 0 0 0 Hanging 2 0 0 0 0 Firing squad 1 0 0 0 0 The median time between the imposition of a death sentence and yearend 1994 was 69 months, and the mean time was 76 months. Overall, the average time for women was 4.8 years--about three-fourths as long as for men (6.3 years). On average, whites, blacks, and Hispanics had spent from 72 to 78 months under a sentence of death. Elapsed time since sentencing --------------------- Mean Median --------------------- Total 76 mos 69 mos Male 76 70 Female 57 47 White 78 74 Black 74 65 Hispanic 72 67 ----------------------------------------------- Appendix. Federal laws providing for the death penalty ----------------------------------------------- 8 U.S.C. 1342 - Murder related to the smuggling of aliens. 10 U.S.C. 906(a)-Espionage by a member of the Armed Forces: communication of information to a foreign government relating to nuclear weaponry, military spacecraft or satellites, early warning systems, war plans, communications intelligence or cryptographic information, or any other major weapons or defense strategy. 10 U.S.C. 918-Murder while a member of the Armed Forces. 18 U.S.C. 32-34-Destruction of aircraft, motor vehicles, or related facilities resulting in death. 18 U.S.C. 36-Murder committed during a drug related drive-by shooting. 18 U.S.C. 37-Murder committed at an airport serving international civil aviation. 18 U.S.C. 115(b)(3)[by cross-reference to 18 U.S.C. 1111]-Retaliatory murder of a member of the immediate family of law enforcement officials. 18 U.S.C. 241, 242, 245, 247-Civil rights offenses resulting in death. 18 U.S.C. 351 [by cross-reference to 18 U.S.C. 1111]-Murder of a member of Congress, an important executive official, or a Supreme Court Justice. 18 U.S.C. 794-Espionage 18 U.S.C. 844(d), (f), (i) - Death resulting from offenses involving transportation of explosives, destruction of government property, or the destruction of property related to foreign or interstate commerce. 18 U.S.C. 924(1)-Murder committed by the use of a firearm during a crime of violence or a drug trafficking crime. 18 U.S.C 930-Murder committed in a Federal Government facility. 18 U.S.C. 1091-Genocide. 18 U.S.C. 1111-First-degree murder. 18 U.S.C. 1114-Murder of a Federal judge or law enforcement official. 18 U.S.C. 1116-Murder of a foreign official. 18 U.S.C. 1118-Murder by a Federal prisoner. 18 U.S.C. 1119-Murder of a U.S.national in a foreign country. 18 U.S.C. 1120-Murder by an escaped Federal prisoner already sentence to life imprisonment. 18 U.S.C. 1121-Murder of a State or local law enforcement official or other person aiding in a Federal investigation; murder of a State correctional officer. 18 U.S.C. 1203-Murder during a hostage-taking. 18 U.S.C. 1503-Murder of a court officer or juror. 18 U.S.C. 1512-Murder with the intent of preventing testimony by a witness, victim, or informant. 18 U.S.C. 1513-Retaliatory murder of a witness, victim or informant. 18 U.S.C. 1716-Mailing of injurious articles with intent to kill or resulting in death. 18 U.S.C. 1751 [by cross-reference to 18 U.S.C. 1111]-Assassination or kidnaping resulting in the death of the President or Vice President. 18 U.S.C. 1958-Murder for hire. 18 U.S.C. 1959-Murder involved in a racketeering offense. 18 U.S.C. 1992-Willful wrecking of a train resulting in death. 18 U.S.C. 2113-Bank-robbery-related murder or kidnaping. 18 U.S.C. 2119-Murder related to a carjacking. 18 U.S.C. 2245-Murder related to rape or child molestation. 18 U.S.C. 2251-Murder related to sexual exploitation of children. 18 U.S.C. 2280-Murder committed during an offense against maritime navigation. 18 U.S.C. 2281-Murder committed during an offense against a maritime fixed platform. 18 U.S.C. 2332-Terrorist murder of a U.S. national in another country. 18 U.S.C. 2332a-Murder by the use of a weapon of mass destruction. 18 U.S.C. 2340-Murder involving torture. 18 U.S.C. 2381-Treason. 21 U.S.C. 841(b)(A) or section 960(b)(1); and 21 U.S.C. 848(e) - Any person engaging in or working in furtherance of a continuing criminal enterprise, or any person engaging in an offense punishable under section 960(b)(1) who intentionally kills or counsels, commands, induces, procures, or causes the intentional killing of an individual and such killing results, shall be sentenced to any term of imprisonment, which shall not be less than 20 years, and which may be up to life imprisonment, or may be sentenced to death; and (B) any person, during the commission of, in furtherance of, or while attempting to avoid apprehension, prosecution or service of a prison sentence for, a felony violation of this subchapter or subchapter II of this chapter who intentionally kills or counsels, commands, induces, procures, or causes the intentional killing of any Federal, State, or local law enforcement officer engaged in or on account of, the performance of such officer's official duties and such killing results, shall be sentenced to any term of imprisonment, which shall not be less than 20 years, and which may be up to life imprisonment, or may be a sentence to death. --------------------- Methodological note --------------------- The statistics reported in this Bulletin may differ from data collected by other organizations for a variety of reasons: (1) National Prisoner Statistics (NPS) adds inmates to the number under sentence of death not at sentencing but at the time they are admitted to a State or Federal correctional facility. (2) If in one year inmates entered prison under a death sentence or were reported as being relieved of a death sentence but the court had acted in the previous year, the counts are adjusted to reflect the dates of court decisions. (3) NPS counts for capital punishment are always for the last day of the calendar year and will differ from counts for more recent periods. ---------------------------------------------- The Bureau of Justice Statistics (BJS) is the statistical arm of the U.S. Department of Justice. Jan M. Chaiken, Ph.D., is director. BJS Bulletins present the first release of findings from permanent data collection programs. This Bulletin was written by James J. Stephan and Tracy L. Snell under the supervision of Allen J. Beck. Tom Hester edited the report. Jayne E. Robinson assisted with graphs and produced the report. Marilyn Marbrook supervised production, assisted by Yvonne Boston. At the Bureau of the Census, Patricia A. Clark collected the data under the supervision of Gertrude Odom. February 1996, NCJ-158023 ----------------------------------------------- Data utilized in this report are available from the National Archive of Criminal Justice Data at the University of Michigan, 1-800-999-0960. The data sets are archived as Capital Punishment, 1973-94. The data and the report, as well as others from the Bureau of Justice Statistics, are available through the Internet-- http://www.ojp.usdoj.gov/bjs End of file.