U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Bulletin 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 1995 December 1996, NCJ-162043 The full text of this report is available through: * the BJS Clearinghouse, 1-800-732-3277 * on the Internet at http://www.ojp.usdoj.gov/bjs/ * on the BJS gopher: gopher://www.ojp.usdoj.gov:70/11/bjs/ * on the National Criminal Justice Reference Service Electronic Bulletin Board (set at 8-N-1, call 301-738-8895, select BJS). By Tracy L. Snell BJS Statistician --------------------- Highlights --------------------- Status of the death penalty, December 31,1995 Number of prisoners Jurisdictions Executions during 1995 under sentence of death without a death penalty ------------------------------------------------------------------------------ Texas 19 California 420 Alaska Missouri 6 Texas 404 District of Columbia Illinois 5 Florida 362 Hawaii Virginia 5 Pennsylvania 196 Iowa Florida 3 Ohio 155 Maine Oklahoma 3 Illinois 154 Massachusetts Alabama 2 Alabama 143 Michigan Arkansas 2 North Carolina 139 Minnesota Georgia 2 Oklahoma 129 North Dakota North Carolina 2 Arizona 117 Rhode Island Pennsylvania 2 Georgia 98 Vermont Arizona 1 Tennessee 96 West Virginia Delaware 1 Missouri 92 Wisconsin Louisiana 1 22 other jurisdictions 549 Montana 1 South Carolina 1 Total 56 Total 3054 * In 1995, 56 men were executed: 33 were white 22 were black 1 was Asian. * The persons executed in 1995 were under sentence of death an average of 11 years and 2 months. * At yearend 1995, 34 States and the Federal prison system held 3,054 prisoners under sentence of death, 5.1% more than at yearend 1994. All had committed murder. * Of persons under sentence of death -- 1,730 were white 1,275 were black 22 were Native American 19 were Asian 8 were classified as "other race." * Forty-eight women were under a sentence of death. * The 237 Hispanic inmates under sentence of death accounted for 8.5% of inmates with a known ethnicity. * Among inmates under sentence of death and with available criminal histories, 2 in 3 had a prior felony conviction; 1 in 12 had a prior homicide conviction. * Among persons for whom arrest information was available, the average age at time of arrest was 28; about 2% of inmates were age 17 or younger. * At yearend, the youngest inmate was 18; the oldest was 80. Sixteen States executed 56 prisoners during 1995. The number of persons executed was 25 greater than in 1994 and was the largest annual number since the 56 executed during 1960 and the 65 in 1957. The prisoners executed during 1995 had been under sentence of death an average of 11 years and 2 months, about 12 months more than the average for inmates executed the previous year. At yearend 1995, 3,054 prisoners were under sentence of death. California held the largest number of death row inmates (420), followed by Texas (404), Florida (362), and Pennsylvania (196). Eight prisoners were in Federal custody under a death sentence on December 31, 1995. Between January 1 and December 31, 1995, 26 State prison systems and the Federal prison system received 310 prisoners under sentence of death. Texas (40 admissions), California (36), North Carolina (34), and Florida (31) accounted for 45% of the inmates entering prison under a death sentence in 1995. During 1995, 56 persons in 16 States were executed -- 19 in Texas; 6 in Missouri; 5 each in Illinois and Virginia; 3 each in Florida and Oklahoma; 2 each in Alabama, Arkansas, Georgia, North Carolina, and Pennsylvania; and 1 each in Arizona, Delaware, Louisiana, Montana, and South Carolina. All were men. Thirty of the executed prisoners were non-Hispanic whites; 22 were non-Hispanic blacks; 2, white Hispanics; 1, Asian; and 1, white with unknown Hispanic origin. Forty-nine of the executions were carried out by lethal injection and 7 by electrocution. From January 1, 1977, to December 31, 1995, a total of 4,857 persons entered State and Federal prisons under sentences of death, among whom 51% were white, 41% were black, 7% were Hispanic, and 1% were of other races. During this 19-year period, a total of 313 executions took place in 26 States. Of the inmates executed, 171 were white, 120 were black, 19 were Hispanic, 2 were Native American, and 1 was Asian. Also during 1977-95, 1,870 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, 52% were white, 41% were black, 1% were Native American, 0.5% were Asian, and 5% were Hispanic. -------------------- Statutory changes -------------------- During 1995, 19 States revised statutory provisions relating to the death penalty. Most of the changes involved additional aggravating circumstances, procedural amendments addressing the rights of victims and their families, and changes in methods of execution. By State, these statutory changes were as follows: Arkansas -- Added to its definition of capital murder purposely discharging a firearm from a vehicle resulting in the death of another person (Ark. Code Ann. 51-10-101(a)(10)), effective 7/27/95. Colorado -- Amended its code of criminal procedure establishing appellate review at the sentencing phase of a capital case. Upon conviction of a defendant, a sentencing hearing will be conducted by a three-judge panel; previously, a jury considered evidence and recommended punishment. The amendment also outlines the process by which panel members will be selected (CRS 16-11-103(1)(a)). These revisions became effective 7/1/95. Connecticut -- Revised its penal code to change the method of execution from electrocution to lethal injection; to remove the requirement that the State supreme court review the proportionality of a death sentence compared to penalties imposed in similar cases; and to add to its list of capital felonies murder of a person under age 16 (See P.A. 95-16). These changes became effective 10/1/95. Delaware -- Revised a statute limiting the number of witnesses at the execution to 10 and allowing one adult, either an immediate family member of the victim or the "victim's designee", to be present as one of those witnesses (11 Del. c. 4209(f)), effective 5/15/95. Delaware lawmakers also added as an aggravating circumstance murder committed to interfere with the victim's First Amendment rights or as a response to the victim's exercise of those rights or to the victim's race, religion, color, disability, national origin or ancestry (11 Del. c. 4209(e) (1)(v)), effective 7/6/95. Idaho -- Revised and added sections to its penal code relating to the death penalty. These changes became effective 7/1/95. Idaho amended its code of criminal procedure to require that, upon conviction of a defendant, the court hold a hearing to weigh aggravating and mitigating factors in the case to determine the appropriateness of a death sentence (19-2515, Idaho Code). Another procedural amendment set guidelines regarding requests for stays of execution based on petitions to hear new evidence that was not known prior to the deadline for filing of an appeal on such grounds. The statute narrowed the availability of successive post-conviction proceedings (19-2719, Idaho Code). The Idaho legislature also added new sections to its code of criminal procedure in capital cases: one providing for an inquiry into a convicted defendant's need for a new attorney upon showing of ineffectiveness of the trial lawyer (19-2719A, Idaho Code); another providing for review of a case by the Idaho supreme court, upon remand from a Federal court, to decide whether legal or factual errors can be addressed without remanding the case back to the State district court (19-2818, Idaho Code). Illinois -- Added to its penal code as an aggravating factor murder by discharging a firearm from a motor vehicle when the victim was outside of the motor vehicle (720-ILCS 5/9-1(b)(15)), effective 1/1/95. Indiana -- Amended the code of criminal procedure to specify time limits within which the execution must be carried out, time limits and procedures for addressing petitions for post-conviction relief, and issues for consideration by Indiana's supreme court in conducting automatic review of death sentences (Indiana Code 35-50-2-9(h), (i), and (j)). Indiana also changed the method of execution from electrocution to lethal injection (Indiana Code 35-38-6-1). These changes became effective 7/1/95. Maryland -- Amended its code of criminal procedure to modify when an execution can be stayed by a trial judge; to change the time limit for filing an initial post-conviction appeal from 240 days to 180 days; to impose time limits on holding a hearing upon filing of a post-conviction petition; and to allow a convicted inmate to waive the statutory stay of execution imposed during the 180-day period set aside for filing of any post-conviction petitions (1995 Md. Laws ch. 110). These changes became effective 10/1/95. Montana -- Revised the code of criminal procedure to allow evidence to be presented during the sentencing hearing in regard to the harm the offense caused to the victim and his family (46-18-302 MCA), applicable to crimes committed on or after 10/1/95. Nevada -- Added to its penal code as aggravating factors murder of a department of prisons employee who doesn't exercise control over but comes into regular contact with the offender; murder of a person under age 14; and murder of a person because of their race, religion, national origin, physical or mental disability, or sexual orientation (NRS 200.033), effective 10/1/95. New Jersey -- Amended its penal code to allow evidence during the sentencing proceeding pertaining to the victim's character and impact of the crime on the victim's family (NJSA 2C:11-3c(6)), effective 6/19/95. New York -- Enacted a law creating the crime of capital murder and providing for a sentence of death for persons over age 18 if any of 10 aggravating circumstances exists. The new law prohibits sentencing mentally retarded persons to death (Ch. 1, 1995 session), effective 9/1/95. Ohio -- Amended its code of criminal procedure to establish responsibility of the Ohio supreme court for automatic review of all death sentences and guidelines to be followed in the course of such review. The review includes weighing of all facts and evidence submitted in the case, deciding if aggravating factors outweighed mitigating factors in the case, and consideration of the proportionality of the death sentence compared to similar cases (O.R.C. 2929.05), effective 9/21/95. Oregon -- Amended its penal code to allow evidence regarding the victim's personal characteristics and the impact of the offense on the victim's family to be entered during the sentencing phase of capital proceedings (ORS 163.150), effective 7/7/95. Pennsylvania -- Added new sections to its capital statute relating to sentencing and execution procedures. One amendment permitted evidence concerning the victim and the effect of the crime on the victim's family to be heard and considered during the sentencing hearing (42 Pa.C.S. 9711(a)(2), (b), and (c)(2)), effective 3/16/95. Pennsylvania lawmakers also added provisions which specified time limits for transmission of court records to the governor and issuance of death warrants, terms of confinement upon receipt of the warrant, persons allowed to witness the execution, and certification and postmortem examination procedures following the execution (42 Pa.C.S. 9711(i), (j), (k), (l), (m), (n), and (o)), effective 12/11/95. South Carolina -- Revised its penal code to allow persons sentenced to death to elect as their method of execution either electrocution or lethal injection. Election of method by the inmate must be made in writing 14 days before the date of execution; if this right is waived, persons will be executed by lethal injection ( 24-3-540), effective 6/8/95. South Dakota -- Amended an aggravating circumstance allowing for prosecution as a capital offense, stipulating that a crime is considered to be "wantonly vile" if the victim is under age 13 (SDCL 23A-27A-1(6)), effective 7/1/95. Tennessee -- Revised an aggravating circumstance from simple involvement in the commission of certain felony offenses to participating "knowingly" (Tenn. Code Ann. 39-13-204(i)(7)), effective 5/30/95; and added as an aggravating circumstance intentional mutilation of the victim's body after death (Tenn. Code Ann. 39-13-204(i)(13)), effective 7/1/95. Tennessee lawmakers also added to its definition of first degree murder killing during the commission of aggravated child abuse as defined by 39-15-402 (Tenn. Code Ann. 39-13-202), effective 7/1/95. Virginia -- Revised its penal code to allow persons sentenced to death to elect as their method of execution either electrocution or lethal injection. The inmate must choose a method at least 15 days before the scheduled date of execution; if this option is waived, persons will be executed by lethal injection (Va. Code 53.1-233, 234), effective 1/1/95. Virginia legislators also amended the definition of capital murder to include among enumerated sexual offenses "object sexual penetration" (Va. Code 18.2-31(5)), effective 7/1/95. -------------------- Method of execution -------------------- As of December 31, 1995, lethal injection was the predominant method of execution (32 States). Eleven States authorized electrocution; 7 States, lethal gas; 4 States, hanging; and 3 States, a firing squad. Sixteen States authorized more than one method -- lethal injection and an alternative method -- generally at the election of the condemned prisoner; however, 5 of these 16 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 unconstitutional, 1 authorized lethal gas and 1 authorized electrocution. ----------------- Automatic review ---------------- Of the 38 States with capital punishment statutes at yearend 1995, 37 provided for review of all death sentences regardless of the defendant's wishes. Arkansas had no specific provisions for automatic review. The Federal death penalty procedures did not provide for automatic review after a sentence of death had been imposed. While most of the 37 States authorized an automatic review of both the conviction and sentence, Idaho, Indiana, Oklahoma, and Tennessee required review of the sentence only. In Idaho, review of the conviction had to be filed through appeal or forfeited. In Indiana, a defendant could waive review of the conviction. The review is usually conducted by the State's highest appellate court regardless of the defendant's wishes. In South Carolina, the defendant's right to waive appeal was in litigation; 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 statute nor case law clearly precluded a waiver of 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 1995 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 system required a minimum age of 18; one State age 19. Sixteen States indicated an age of eligibility between 14 and 17. --------------------------------------------------------------- Characteristics of prisoners under sentence of death at yearend 1995 --------------------------------------------------------------- Thirty-four States and the Federal prison system held a total of 3,054 prisoners under sentence of death on December 31, 1995, a gain of 149 or 5.1% more than at the end of 1994. The Federal prison system count rose from 6 at yearend 1994 to 8 at yearend 1995. Three States reported 39% of the Nation's death row population: California (420), Texas (404), and Florida (362). Of the 38 jurisdictions with statutes authorizing the death penalty during 1995, New Hampshire, Kansas, and Wyoming had no one under a capital sentence, and South Dakota, New Mexico, and Colorado had 4 or fewer. New York enacted a new death penalty statute, effective September 1, 1995, and report no one under sentence of death as of December 1, 1995. Among the 35 jurisdictions with prisoners under sentence of death at yearend 1995, 20 had more inmates than a year earlier, 9 had fewer inmates, and 6 had the same number. California had an increase of 34, followed by North Carolina (28), Pennsylvania (15), Ohio (14), Texas (13), and Louisiana and Nevada (10 each). Arizona and Tennessee had the largest decrease (4 each). During 1995 the number of black inmates under sentence of death increased by 72; the number of whites increased by 77; and the number of persons of other races (American Indians, Alaska Natives, Asians, or Pacific Islanders) remained constant at 49. The number of Hispanics sentenced to death rose from 224 to 237 during 1995. Twenty-six Hispanics were received under sentence of death, 11 were removed from death row, and 2 were executed. Three-fourths of the Hispanics were incarcerated in 4 States: Texas (68), California (61), Florida (35), and Arizona (18). During 1995 the number of women sentenced to be executed increased from 43 to 48. Six women were received under sentence of death, one was removed from death row, and none were executed. Women were under sentence of death in 14 States. Almost two-thirds of all women on death row at yearend were in California, Florida, Texas, Oklahoma, and Illinois . Women under sentence of death, 12/31/95 --------------------------------------- State Total White Black ----------------------------------------------------- Total 48 32 16 California 8 6 2 Florida 6 4 2 Texas 6 4 2 Oklahoma 5 4 1 Illinois 5 2 3 Alabama 4 3 1 Pennsylvania 4 1 3 Missouri 2 2 0 North Carolina 2 2 0 Mississippi 2 1 1 Arizona 1 1 0 Idaho 1 1 0 Tennessee 1 1 0 Nevada 1 0 1 Men were 98% (3,006) of all prisoners under sentence of death. Whites predominated (57%); blacks comprised 42%; and other races (1.6%) included 22 Native Americans, 19 Asians, and 8 persons of unknown race. Among those for whom ethnicity was known, 8% were Hispanic. The sex, race, and Hispanic origin of those under sentence of death at yearend 1995 were as follows: Persons under sentence of death, by sex, race, and Hispanic origin, 12/31/95 ---------------------------------------------- State White Black Other --------------------------------------------------------- Male 1698 1259 49 Hispanic 215 12 7 Female 32 16 0 Hispanic 2 1 0 Among inmates under sentence of death on December 31, 1995, for whom information on education was available, three-fourths had either completed high school (38%) or finished 9th, 10th, or 11th grade (37%). The percentage who had not gone beyond eighth grade (15%) was over 40% larger than that of inmates who had attended some college (10%). The median level of education was the 11th grade. Of inmates under a capital sentence and with reported marital status, half had never married; a fourth were married at the time of sentencing; and nearly a fourth were divorced, separated, or widowed. Among all inmates under sentence of death for whom date of arrest information was available, more than half were age 20 to 29 at the time of arrest for their capital offense; 12% 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, 1995, 43% of these inmates were age 30 to 39 and 71% were age 25 to 44. The youngest offender under sentence of death was age 18; the oldest was 80. -------------------------------------------------- Entries and removals of persons under sentence of death ------------------------------------------------- Between January 1 and December 31, 1995, 27 State prison systems reported receiving 308 prisoners under sentence of death; the Federal Bureau of Prisons received 2 inmates. Forty-five percent of the inmates were received in 4 States: Texas (40), California (36), North Carolina (34), and Florida (31). All 310 prisoners who had been received under sentence of death had been convicted of murder. By sex and race, 164 were white men, 136 were black men, 4 were Asian men, 4 were white women, and 2 were black women. Of the 310 new admissions, 26 were Hispanic men. No Hispanic women were admitted under sentence of death in 1995. Twenty-one States reported a total of 92 persons whose sentence of death was overturned or removed. Appeals courts vacated 55 sentences while upholding the convictions and vacated 30 sentences while overturning the convictions. Florida (18 exits) had the largest number of vacated capital sentences. Arizona reported three commutations of a death sentence; Idaho, Oklahoma, and Pennsylvania each reported one. Mississippi removed 1 inmate when an appellate court struck the capital sentence due to a violation of the inmate's constitutional right to a speedy trial. As of December 31, 1995, 56 of the 92 persons who were formerly under sentence of death were serving a reduced sentence, 14 were awaiting a new trial, 17 were awaiting resentencing, 2 had all capital charges dropped, and 1 had no action taken after being removed from under sentence of death. No information was available on the current status of 2 inmates. In addition, 13 persons died while under sentence of death in 1995. Nine of these deaths were from natural causes -- three in Alabama, and one each in Arizona, Illinois, Kentucky, North Carolina, Oklahoma, and Texas. Two suicides occurred -- one each in California and Nevada. Two inmates were killed by other inmates -- one in Florida and one in Texas. From 1977, the year after the Supreme Court upheld the constitutionality of revised State capital punishment laws, to 1995, a total of 4,857 persons entered prison under sentence of death. During these 19 years, 313 persons were executed, and 1,870 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. Data are based on the most recent sentence.) Among individuals who received a death sentence between 1977 and 1995, 2,468 (51%) were white, 1,975 (41%) were black, 342 (7%) were Hispanic, and 72 (1%) were of other races. The distribution by race and Hispanic origin of the 1,870 inmates who were removed from death row between 1977 and 1995 was as follows: 969 whites (52%), 773 blacks (41%), 101 Hispanics (5%), and 27 persons of other races (2%). Of the 313 who were executed, 171 (55%) were white, 120 (38%) were black, 19 (6%) were Hispanic, and 3 (1%) were other races. ----------------------------------------------------------- Criminal history of inmates under sentence of death in 1995 ----------------------------------------------------------- Among inmates under a death sentence on December 31, 1995, for whom criminal history information was available, 66% had past 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 re-ported, 42% had an active criminal justice status. Nearly half of these were on parole and about 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. More blacks (70%) than whites (65%) or Hispanics (59%) had a prior felony conviction. About the same percentage of blacks (9%), whites (8%), or Hispanics (7%) had a prior homicide conviction. A slightly higher percentage of Hispanics (25%) or blacks (24%) than whites (17%) 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 2,299 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 85.3 2 10.3 3 or more 4.4 Number admitted under sentence of death, 1988-95 2,299 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 1995, 4,172 persons were executed under civil authority (Military authorities carried out an additional 160 executions, 1930-95.). After the Supreme Court reinstated the death penalty in 1976, 26 States executed 313 prisoners: 1977 1 1979 2 1981 1 1982 2 1983 5 1984 21 1985 18 1986 18 1987 25 1988 11 1989 16 1990 23 1991 14 1992 31 1993 38 1994 31 1995 56 During this 19-year period, 5 States executed 211 prisoners: Texas (104), Florida (36), Virginia (29), Louisiana (22), and Georgia (20). These States accounted for two-thirds of all executions. Between 1977 and 1995, 170 white non-Hispanic men, 120 black non-Hispanic men, 19 Hispanic men, 2 Native American men, 1 Asian man, and 1 white non-Hispanic woman were executed. During 1995 Texas carried out 19 executions; Missouri executed 6 persons; Illinois and Virginia, 5 each; Florida and Oklahoma, 3 each; Pennsylvania, Alabama, Arkansas, Georgia, and North Carolina, 2 each; and Delaware, Louisiana, South Carolina, Arizona, and Montana, 1 each. All persons executed in 1995 were male. Thirty-one were non-Hispanic whites; 22 were non-Hispanic blacks; 1 was Asian; and 2 were Hispanic. From 1977 to 1995, 5,237 prisoners were under death sentences for varying lengths of time. The 313 executions accounted for 6% of those at risk. A total of 1,870 prisoners (36% of those at risk) received other dispositions. About the same percentage of whites (6%), blacks (6%), and Hispanics (5%) were executed. Somewhat larger percentages of whites (36%) and blacks (36%) than Hispanics (28%) were removed from under a death sentence by means other than execution. Among prisoners executed between 1977 and 1995, the average time spent between the imposition of the most recent sentence received and execution was more than 8 years. White prisoners had spent an average of 8 years and 2 months, and black prisoners, 9 years and 5 months. The 56 prisoners executed in 1995 were under sentence of death an average of 11 years and 2 months. For the 313 prisoners executed between 1977 and 1995, the most common method of execution was lethal injection (180). Other methods were electrocution (121), lethal gas (9), hanging (2), and firing squad (1). Executions, 1977-95 ----------------------------------- Amer- Method of His- ican execution White Black panic Indian Asian -------------------------------------------------------- Total 171 120 19 2 1 Lethal injection 100 59 18 2 1 Electrocution 62 58 1 0 0 Lethal gas 6 3 0 0 0 Hanging 2 0 0 0 0 Firing squad 1 0 0 0 0 Among prisoners under sentence of death at yearend 1995, the average time spent in prison was 6 years and 6 months. The median time between the imposition of a death sentence and yearend 1995 was 69 months. Overall, the average time for women was 4.8 years -- about three-fourths as long as for men (6.5 years). On average, whites, blacks, and Hispanics had spent from 75 to 80 months under a sentence of death. Elapsed time since sentencing --------------------- Mean Median --------------------- Total 78 mos 69 mos Male 78 70 Female 58 46 White 80 73 Black 75 64 Hispanic 76 69 --------------------------------------------------------- Appendix. Federal laws providing for the death penalty --------------------------------------------------------- 8 U.S.C. 1342 - Murder related to the smuggling of aliens. 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 destruction of property related to foreign or interstate commerce. 18 U.S.C. 924(i) - 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 sentenced 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. 1201 - Murder during a kidnaping. 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. 848(e) - Murder related to a continuing criminal enterprise or related murder of a Federal, State, or local law enforcement officer. 49 U.S.C. 1472-1473 - Death resulting from aircraft hijacking. ------------------------ 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. (See the note on table 4 for the affected jurisdictions.) (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 is the statistical agency 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 Tracy L. Snell under the supervision of Allen J. Beck. James J. Stephan and Jodi M. Brown provided statistical review. Tom Hester and Tina Dorsey edited the report. Marilyn Marbrook administered production. At the Bureau of the Census, Patricia A. Clark collected the data under the supervision of Gertrude Odom. December 1996, NCJ-162043 -------------------------------------------------------------- ----------------------------------------------------------- Data may be obtained 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, 1973-95. The data and the report, as well as others from the Bureau of Justice Statistics, are also available through the Internet: http://www.ojp.usdoj.gov/bjs/ ------------------------------------------------------------ END OF FILE