Revised 2/6/98 U.S. DEPARTMENT OF JUSTICE BUREAU OF JUSTICE STATISTICS By Tracy L. Snell BJS Statistician 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 ------------------------------------------------------------------------------------------ Highlights Status of the death penalty, December 31,1996 Number of prisoners Jurisdictions Executions during 1996 under sentence of death without a death pen Virginia 8 California 454 Alaska Missouri 6 Texas 438 District of South Carolina 6 Florida 373 Hawaii Delaware 3 Pennsylvania 203 Iowa Texas 3 Ohio 170 Maine Arizona 2 Illinois 161 Massachusetts California 2 North Carolina 161 Michigan Florida 2 Alabama 151 Minnesota Georgia 2 Oklahoma 133 North Dakota Oklahoma 2 Arizona 121 Rhode Island Alabama 1 Georgia 96 Vermont Arkansas 1 Missouri 93 West Virginia Illinois 1 Tennessee 91 Wisconsin Indiana 1 Nevada 81 Louisiana 1 South Carolina 68 Nebraska 1 Louisiana 63 Nevada 1 Mississippi 57 Oregon 1 18 other jurisdiction 305 Utah 1 Total 45 Total 3219 * At yearend 1996, 34 States and the Federal prison system held 3,219 prisoners under sentence of death, 5% more than at yearend 1995. Persons under sentence of death, by race 1986 1996 White 1013 1820 Black 762 1349 Native American 16 24 Asian 9 18 Other 0 8 * The 259 Hispanic inmates under sentence of death accounted for 8.8% of inmates with a known ethnicity. *Forty-eight women were under a sentence of death in 1996. * Among persons for whom arrest information was available, the average age at time of arrest was 28; 2% of inmates were age 17 or younger. * At yearend, the youngest inmate was 17; the oldest was 81. * Of the 5,534 people under sentence of death between 1977 and 1996, 6.5% were executed, 2.6% died by causes other than execution, and 32.7% received other dispositions. * The number of States authorizing lethal injection increased from 17 in 1986 to 32 in 1996. In 1996, 80% of all executions were by lethal injection, compared to 61% in 1986. ----------------------------------------------------------------------------------------- Nineteen States executed 45 prisoners during 1996. The number executed was 11 fewer than in 1995. The prisoners executed during 1996 had been under sentence of death an average of 10 years and 5 months, 9 months less than that for inmates executed in 1995. At yearend 1996, 3,219 prisoners were under sentence of death. California held the largest number on death row (454), followed by Texas (438), Florida (373), and Pennsylvania (203). Eleven prisoners were under a Federal sentence of death. During 1996, 32 State and Federal prison systems received 299 prisoners under sentence of death. California (39 admissions), Texas (33), Florida and North Carolina (25 each) accounted for 41% of those sentenced to death. During 1996, 45 men were executed. Of those executed, 27 were non-Hispanic whites; 14 were non-Hispanic blacks; 2, white Hispanics; and 2, whites with unknown Hispanic origin. Thirty-six of the executions were carried out by lethal injection, 7 by electrocution, 1 by hanging, and 1 by firing squad. From January 1, 1977, to December 31, 1996, 358 executions took place in 27 States. Two-thirds of these executions occurred in 6 States: Texas (107), Florida (38), Virginia (37), Missouri and Louisiana (23 each), and Georgia (22). During this 20-year period, a total of 5,154 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. Also during 1977-96, 1,957 prisoners were removed from a death sentence as a result of dispositions other than execution (resentencing, retrial, commutation, or death while awaiting execution). Of persons removed by other means, 52% were white, 41% were black, 5% were Hispanic, 1% were Native American, and 0.5% were Asian. ----------------------------------------------------------------- Figure 1. Persons under sentence of death, 1956-96 Number under sentence of death 1953 131 1954 147 1955 125 1956 146 1957 151 1958 147 1959 164 1960 210 1961 257 1962 267 1963 297 1964 315 1965 331 1966 406 1967 435 1968 517 1969 575 1970 631 1971 642 1972 334 1973 134 1974 244 1975 488 1976 420 1977 423 1978 483 1979 595 1980 697 1981 863 1982 1073 1983 1216 1984 1421 1985 1589 1986 1800 1987 1964 1988 2111 1989 2232 1990 2346 1991 2466 1992 2575 1993 2716 1994 2890 1995 3064 1996 3219 ------------------------------------ Capital punishment laws ------------------------------------ At yearend 1996 the death penalty was authorized by the statutes of 38 States and by Federal statute (tables 1 and 2). ------------------------------------------------------------------------------- Table 1. Capital offenses, by State, 1996 Alabama. Intentional murder with 1 of 18 aggravating factors (13A-5-40). Arizona. First-degree murder accompanied by at least 1 of 10 aggravating factors. Arkansas. Capital murder (Ark. Code Ann. 5-10-101) with a finding of at least 1 of 9 aggravating circumstances; treason. California. First-degree murder with special circumstances; train-wrecking; treason; perjury causing execution. Colorado. First-degree murder with at least 1 of 13 aggravating factors; treason. Capital sentencing excludes persons determined to be mentally retarded. Connecticut. Capital felony with 9 categories of aggravated homicide (C.G.S. 53a-54b). Delaware. First-degree murder with aggravating circumstances. Florida. First-degree murder; felony murder; capital drug-trafficking. Georgia. Murder; kidnaping with bodily injury or ransom when the victim dies; aircraft hijacking; treason. Idaho. First-degree murder; aggravated kidnaping. Illinois. First-degree murder with 1 of 15 aggravating circumstances. Indiana. Murder with 15 aggravating circumstances. Capital sentencing excludes persons determined to be mentally retarded. Kansas. Capital murder with 7 aggravating circumstances. Capital sentencing excludes persons determined to be mentally retarded. Kentucky. Murder with aggravating factors; kidnaping with aggravating factors. Louisiana. First-degree murder; aggravated rape of victim under age 12; treason (La. R.S. 14:30, 14:42, and 14:113). Maryland. First-degree murder, either premeditated or during the commission of a felony, provided that certain death eligibility requirements are satisfied. Mississippi. Capital murder (97-3-19(2) MCA); capital rape (97-3-65(1) MCA); Aircraft piracy (97-25-55(1) MCA). Missouri. First-degree murder (565.020 RSMO). Montana. Capital murder with 9 aggravating circumstances (46-18-303 MCA). Nebraska. First-degree murder with a finding of at least 1 statutorily-defined aggravating circumstance. Nevada. First-degree murder with 10 aggravating circumstances. New Hampshire. Capital murder (RSA 630:1). New Jersey. Purposeful or knowing murder by your own conduct; contract murder; solicitation by command or threat in furtherance of a narcotics conspiracy (NJSA 2C:11-3C). New Mexico. First-degree murder (Section 30-2-1 A, NMSA). New York. First-degree murder with 1 of 10 aggravating factors. Capital sentencing excludes persons determined to be mentally retarded. North Carolina. First-degree murder (N.C.G.S. 14-17). Ohio. Aggravated murder with at least 1 of 8 aggravating circumstances. (O.R.C. secs. 2929.01, 2903.01, and 2929.04). Oklahoma. First-degree murder in conjunction with a finding of at least 1 of 8 statutorily defined aggravating circumstances. Oregon. Aggravated murder (ORS 163.095). Pennsylvania. First-degree murder with 17 aggravating circumstances. South Carolina. Murder with 1 of 10 aggravating circumstances (16-3-20(C)(a)). Mental retardation is a mitigating factor. South Dakota. First-degree murder with 1 of 10 aggravating circumstances. Tennessee. First-degree murder. Texas. Criminal homicide with 1 of 8 aggravating circumstances (TX Penal Code 19.03). 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. First-degree murder with 1 of 9 aggravating circumstances (VA Code 18.2-31). Washington. Aggravated first-degree murder. Wyoming. First-degree murder. ------------------------------------------------------------------------------------------------ Table 2. Federal laws providing for the death penalty, 1996 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. During 1996 there were no successful challenges to the constitutionality of State death penalty laws, and no State enacted any new legislation authorizing capital punishment. ---------------------------- Statutory changes ---------------------------- During 1996, seven States revised statutory provisions relating to the death penalty. Most of the changes involved additional aggravating or mitigating circumstances, procedural amendments, and revisions to capital offenses. By State, the changes were as follows: Florida-- Added sections to the penal code and amended the code of criminal procedure. These changes became effective 10/01/96. Florida added as aggravating factors the commission of a capital felony by a convicted felon under sentence of imprisonment; commission of a capital felony while engaged in abuse of an elderly or disabled adult resulting in great bodily harm or permanent disability or disfigurement; a capital felony committed against a person in a vulnerable state due to advanced age, disability, or the defendant's position of familial/custodial authority; and commission of a capital felony by a "criminal street gang member" (FS 921.141(5)(a), (d), (m), and (n)). Florida also added as a mitigating factor "the existence of other factors in the defendant's background that would mitigate against imposition of the death penalty" (FS 921.141(6)(h)). Florida legislators also amended the code of criminal procedure to specify that a new execution date must be set within 10 days after a stay of execution has been lifted (FS 922.06, 922.07, and 922.08). Indiana -- Added to its penal code as an aggravating factor burning, mutilation, or torture of the victim while the victim was alive (Indiana Code 35-50-2-9(b)(11)), effective 7/1/96. Ohio -- Amended its code of criminal procedure to establish a procedure for resentencing after a death sentence has been vacated. Upon vacation of the sentence due to an error during the sentencing phase of a trial, the trial court that sentenced the offender will impanel a new jury or three-judge panel, whichever body conducted the original sentencing hearing (O.R.C. 2929.06(A)(2)), effective 7/1/96. Ohio -- lawmakers also added a provision specifying that defendants who were under age 18 at the time of the offense will be sentenced to life rather than death (O.R.C. 2929.03(E)(1)), effective 7/1/96. Pennsylvania -- Added to its penal code as an aggravating factor the killing of a woman who was in her third trimester of pregnancy when the defendant had knowledge of the victim's pregnancy (42 Pa.C.S. 9711(d)(17)), effective 1/16/96. South Carolina -- Added to its penal code as an aggravating factor the murder of a witness or potential witness committed for the purpose of impeding or deterring prosecution of any crime (16-3-20(C)(a)(11)), effective 5/20/96. Tennessee -- Revised an aggravating circumstance to include the murder of emergency medical or rescue workers, paramedics, or firefighters engaged in official duty when the defendant knew or reasonably should have known the occupation of the victim (Tenn. Code Ann. 39-13-204(i)(9)), effective 7/1/96. Virginia -- Amended the definition of capital murder to include among enumerated kidnaping offenses the intent to defile the victim; to remove the condition of being armed with a deadly weapon for murder in the course of a robbery; and to add the killing of more than one person within a 3-year period (Va. Code 18.2-31(1), (4), and (8)), effective 7/1/96. ----------------------------- Automatic review ----------------------------- Of the 38 States with capital punishment statutes at yearend 1996, 36 provided for review of all death sentences regardless of the defendant's wishes. Arkansas had no specific provisions for automatic review. In South Carolina, the defendant had the right to waive sentence review if the defendant was deemed competent by the court (State v. Torrence, 473 S.E.2d. 703 (S.C. 1996)). 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, 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 and Kentucky 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 Kentucky, a defendant has the right to waive appeal; 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. ----------------------------- Method of execution ----------------------------- As of December 31, 1996, lethal injection was the predominant method of execution (32 States) (table 3). ------------------------------------------------------------------------------------------- Table 3. Method of execution, by State, 1996 Lethal injection Electrocution Lethal gas Hanging Firing Squad Arizona/a,b New Hampshire/a Alabama Arizona/a,b Delaware/a,c Idaho/a Arkansas/a,d New Jersey Arkansas/a,d California/a Montana/a Oklahoma/a,e California/a New Mexico Florida Maryland/f New Hampshire/a,g Utaha Colorado New York Georgia Mississippi/a,h Washington/a Connecticut North Carolina/a Kentucky Missouri/a Delaware/a,c Ohio/a Nebraska North Carolina/a Idaho/a Oklahoma/a Ohio/a Wyoming/a,i Illinois Oregon Oklahoma/a,e Indiana Pennsylvania South Carolina/a Kansas South Carolina/a Tennessee/e Louisiana/a South Dakota Virginia/a Maryland/f Texas Mississippi/a,h Utah/a Missouri/a Virginia/a Montana/a Washington/a Nevada Wyoming/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 sentenced after 11/15/92; those sentenced before that date may select lethal injection or lethal gas. /c Delaware authorizes lethal injection for those whose capital offense occurred after 6/13/86; those who committed the offense before that date may select lethal injection or hanging. /d Arkansas authorizes lethal injection for persons committing a capital offense on or after 7/4/83; those who committed the offense before that date may select lethal injection or electrocution. /e Oklahoma authorizes electrocution if lethal injection is ever held to be unconstitutional and firing squad if both lethal injection and electrocution are held unconstitutional. /f Maryland authorizes lethal injection for all inmates, as of 3/25/94. One inmate, convicted prior to that date, has selected lethal gas for method of execution. /g New Hampshire authorizes hanging only if lethal injection cannot be given. /h Mississippi authorizes lethal injection for those convicted after 7/1/84 and lethal gas for those convicted earlier. /i Wyoming authorizes lethal gas if lethal injection is ever held to be unconstitutional. Eleven States authorized electrocution; 7 States, lethal gas; 4 States, hanging; and 3 States, a firing squad. Seventeen States authorized more than one method -- lethal injection and an alternative method -- generally at the election of the condemned prisoner; however, 5 of these 17 stipulated which method must be used, depending on the date of sentencing; 1 authorized hanging only if lethal injection could not be given; and, if lethal injection is ever ruled unconstitutional, 1 authorized lethal gas and 1 authorized electrocution. The Federal government authorizes method of execution under 2 different laws. Offenses prosecuted under 28 CFR, Part 26, mandate lethal injection, while those prosecuted under the Violent Crime Control act of 1994 (18 USC 3596) call for the method of the State in which the conviction took place. ----------------------- Minimum age ----------------------- In 1996 eight jurisdictions did not specify a minimum age for which the death penalty could be imposed (table 4). ----------------------------------------------------------------------------------------------------- Table 4. Minimum age authorized for capital punishment, 1996 Age 16 or less Age 17 Age 18 None specified Alabama (16) Georgia California Arizona Arkansas (14)/a New Hampshire Colorado Idaho Delaware (16) North Carolina/b Connecticut/c Montana Florida (16) Texas Federal system Louisiana Indiana (16) Illinois Pennsylvania Kentucky (16) Kansas South Carolina Mississippi (16)/d Maryland South Dakota/e Missouri (16) Nebraska Utah Nevada (16) New Jersey Oklahoma (16) New Mexico Virginia (14)/f New York Wyoming (16) Ohio Oregon Tennessee Washington 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 The age required is 17 unless the murderer was incarcerated for murder when a subsequent murder occurred; then the age may be 14. /c See Conn. Gen. Stat. 53a-46a(g)(1). /d The minimum age defined by statute is 13, but the effective age is 16 based on a Mississippi Supreme Court decision. /e Juveniles may be transferred to adult court. Age can be a mitigating factor. /f The minimum age for transfer to adult court is 14 by statute, but the effective age for a capital sentence is 16 based on interpretation of a U.S. Supreme court decision by the State attorney general's office. 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. Fourteen States and the Federal system required a minimum age of 18. 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 3,219 prisoners under sentence of death on December 31, 1996, a gain of 155 or 5.1% more than at the end of 1995 (table 5). ------------------------------------------------------------------------------------------------------- Table 5. Prisoners under sentence of death, by region, State, and race, 1995 and 1996 Prisoners under Prisoners under sentence of death, Received under Removed from death sentence of death, 12/31/95 sentence of death row (excluding executions)/a Executed 12/31/96 Region and State/b Total/c White/d Black/d Total/c White Black Total/c White Black Total/c White Black Total/c White Black U.S. total 3064 1732 1284 299 174 119 99 55 40 45 31 14 3219 1820 1349 Federal/e 8 3 5 4 1 3 1 1 0 0 0 0 11 3 8 State 3056 1729 1279 295 173 116 98 54 40 45 31 14 3208 1817 1341 Northeast 212 73 132 14 8 6 8 4 4 0 0 0 218 77 134 Connecticut 5 2 3 0 0 0 1 1 0 0 0 0 4 1 3 New Hampshire 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 New Jersey 10 4 6 3 1 2 2 0 2 0 0 0 11 5 6 New York 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Pennsylvania 197 67 123 11 7 4 5 3 2 0 0 0 203 71 125 Midwest 459 223 234 47 26 21 16 9 7 9 5 4 481 235 244 Illinois 154 56 98 16 7 9 8 2 6 1 0 1 161 61 100 Indiana 45 30 15 3 2 1 2 2 0 1 0 1 45 30 15 Kansas 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Missouri 92 51 41 9 5 4 2 2 0 6 4 2 93 50 43 Nebraska 10 7 2 2 2 0 0 0 0 1 1 0 11 8 2 Ohio 156 77 78 17 10 7 3 2 1 0 0 0 170 85 84 South Dakota 2 2 0 0 0 0 1 1 0 0 0 0 1 1 0 South 1701 972 708 168 95 70 61 31 27 29 19 10 1779 1017 741 Alabama 143 82 59 19 12 7 10 5 4 1 0 1 151 89 61 Arkansas 38 23 15 5 1 4 2 1 1 1 1 0 40 22 18 Delaware 14 7 7 0 0 0 0 0 0 3 2 1 11 5 6 Florida/f 364 227 137 25 17 8 14 9 5 2 0 2 373 235 138 Georgia 99 56 43 6 4 2 7 3 4 2 2 0 96 55 41 Kentucky 28 22 6 2 1 1 1 1 0 0 0 0 29 22 7 Louisiana 56 20 36 9 2 7 1 0 1 1 0 1 63 22 41 Maryland 13 2 11 7 2 5 1 0 1 0 0 0 19 4 15 Mississippi 51 21 30 9 5 4 3 0 3 0 0 0 57 26 31 North Carolina 138 67 69 25 11 13 2 1 1 0 0 0 161 77 81 Oklahoma 129 77 41 16 10 4 10 5 3 2 2 0 133 80 42 South Carolina 67 33 34 8 3 5 1 1 0 6 5 1 68 30 38 Tennessee 96 64 30 3 3 0 8 4 4 0 0 0 91 63 26 Texas/g 408 242 162 33 23 10 0 0 0 3 2 1 438 263 171 Virginia 57 29 28 1 1 0 1 1 0 8 5 3 49 24 25 West 684 461 205 66 44 19 13 10 2 7 7 0 730 488 222 Arizona 118 98 14 5 5 0 0 0 0 2 2 0 121 101 14 California 420 251 160 39 25 12 3 2 1 2 2 0 454 272 171 Colorado 4 3 1 1 0 1 0 0 0 0 0 0 5 3 2 Idaho 19 19 0 1 1 0 2 2 0 0 0 0 18 18 0 Montana 6 5 0 2 1 0 1 0 0 0 0 0 7 6 0 Nevada 75 48 26 10 4 6 3 3 0 1 1 0 81 48 32 New Mexico 3 3 0 2 2 0 1 1 0 0 0 0 4 4 0 Oregon 20 18 1 3 3 0 2 1 1 1 1 0 20 19 0 Utah 10 8 2 1 1 0 1 1 0 1 1 0 9 7 2 Washington 9 8 1 2 2 0 0 0 0 0 0 0 11 10 1 Wyoming 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Note: Some figures shown for yearend 1995 are revised from those reported in Capital Punishment 1995, NCJ-162043. The revised figures include 15 inmates who were either reported late to the National Prisoner Statistics Program or were not in custody of State correctional authorities on 12/31/95 (3 each in Florida and Texas; 2 in Mississippi; and 1 each in Arizona, Georgia, Maryland, Ohio, Oklahoma, Pennsylvania, and Virginia), and exclude 9 inmates who were relieved of the death sentence on or before 12/31/95 (2 in Maryland, and 1 each in California, Florida, Indiana, Louisiana, North Carolina, Oklahoma, and Texas). The data for 12/31/95 also include 4 inmates who were listed erroneously as being removed from death row (2 in Texas, and 1 each in California and Maryland). /aIncludes 6 deaths from natural causes (in California, Florida, Georgia, New Jersey, New Mexico and Pennsylvania), and 6 suicides (in Alabama, California, Florida, Missouri, Ohio and Oklahoma). /bAlaska, the District of Columbia, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, North Dakota, Rhode Island, Vermont, West Virginia, and Wisconsin did not authorize the death penalty as of 12/31/95, and no changes occurred during 1996. /cTotals include persons of other races. /dThe accounting of race and Hispanic origin differs from that presented in tables 9, 10, and 12. In this table white and black inmates include Hispanics. The Federal prison system count rose from 8 at yearend 1995 to 11 at yearend 1996. Three States reported 39% of the Nation's death row population: California (454), Texas (438), and Florida (373). Of the 39 jurisdictions with statutes authorizing the death penalty during 1996, New Hampshire, New York, Kansas, and Wyoming had no one under a capital sentence, and Connecticut, South Dakota, and New Mexico had 4 or fewer. Among the 35 jurisdictions with prisoners under sentence of death at yearend 1996, 25 had more inmates than a year earlier, 8 had fewer inmates, and 2 had the same number. California had an increase of 34, followed by Texas (30), North Carolina, and Ohio (14). Virginia had the largest decrease (8). During 1996 the number of black inmates under sentence of death increased by 65; the number of whites increased by 88; and the number of persons of other races (American Indians, Alaska Natives, Asians, or Pacific Islanders) rose from 48 to 50. The number of Hispanics sentenced to death rose from 239 to 259 during 1996 (table 6). ------------------------------------------------------------------------------------------------------------- Table 6. Hispanics and women under sentence of death, by State, 1995 and 1996 Death Under sentence Received under sentence Under sentence of of death, 12/31/95 sentence of death removed* death, 12/31/96 Region and State Hispanics Women Hispanics Women Hispanics Hispanics Women U.S. total 239 47 28 2 6 259 48 Alabama 0 4 0 0 0 0 4 Arizona 19 1 0 0 0 18 1 Arkansas 2 0 0 0 0 2 0 California 61 8 6 0 0 67 8 Colorado 1 0 0 0 0 1 0 Florida 36 6 5 0 1 40 6 Georgia 1 0 0 0 0 1 0 Idaho 1 1 0 0 1 0 1 Illinois 7 5 1 0 0 8 4 Indiana 2 0 0 0 0 2 0 Louisiana 1 0 0 0 0 1 0 Mississippi 1 2 0 0 0 1 2 Missouri 0 2 0 0 0 0 2 Nevada 10 1 0 0 2 8 1 New Mexico 2 0 0 0 1 1 0 North Carolina 1 2 2 1 0 3 3 Ohio 5 0 0 0 0 5 0 Oklahoma 4 4 3 0 1 6 4 Oregon 1 0 0 0 0 1 0 Pennsylvania 11 4 2 0 0 13 4 Tennessee 1 1 0 1 0 1 2 Texas 68 6 9 0 0 76 6 Utah 2 0 0 0 0 2 0 Virginia 2 0 0 0 0 2 0 *One woman was removed from under sentence of death in Illinois, and no women were executed during 1996. Two Hispanic men (one each in Texas and Arizona) were executed in 1996. Twenty-eight Hispanics were received under sentence of death, 6 were removed from death row, and 2 were executed. More than three-fourths of the Hispanics were incarcerated in 4 States: Texas (76), California (67), Florida (40), and Arizona (18). During 1996 the number of women sentenced to be executed increased from 47 to 48. Two 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. Two-thirds of all women on death row at yearend were in California, Florida, Texas, Pennsylvania, Illinois, Alabama, and Oklahoma. Women under sentence of death, 12/31/96 State Total White Black Total 48 32 16 California 8 6 2 Florida 6 4 2 Texas 6 4 2 Pennsylvania 4 1 3 Illinois 4 1 3 Alabama 4 3 1 Oklahoma 4 3 1 North Carolina 3 3 0 Missouri 2 2 0 Tennessee 2 2 0 Mississippi 2 1 1 Arizona 1 1 0 Idaho 1 1 0 Nevada 1 0 1 Men were 98% (3,171) of all prisoners under sentence of death (table 7). -------------------------------------------------------------------------------------------------------------- Table 7. Demographic characteristics of prisoners under sentence of death, 1996 Prisoners under sentence of death, 1996 Characteristic Yearend Admission Removals Total number under sentence of death 3219 299 144 Sex Male 98.5 99.3 99.3 Female 1.5 .7 .7 Race White 56.5 58.2 59.7 Black 41.9 39.8 37.5 Other* 1.6 2.0 2.8 Hispanic origin Hispanic 8.8 10.4 6.2 Non-Hispanic 91.2 89.6 93.8 Education 8th grade or less 14.4 14.6 19.4 9th-11th grade 37.5 42.5 34.9 High school graduate 37.8 35.8 38.0 Any college 10.2 7.1 7.8 Median 11th grade 11th grade 11th grade Marital status Married 24.9 18.1 23.3 Divorced/separated 21.3 22.6 33.1 Widowed 2.7 3.2 .8 Never married 51.1 56.0 42.9 Note: Calculations are based on those cases for which data were reported. Missing data by category were as follows: Yearend Admission Removals Hispanic origin 276 31 14 Education 484 73 15 Marital status 288 51 11 *At yearend 1995 "other" consisted of 22 Native Americans, 18 Asians, and 8 self-identified Hispanics. During 1996, 5 Native Americans and 1 Asian were admitted; 3 Native Americans and 1 Asian were removed. ------------------------------------------------------------------------------------- Figure 2. Persons under sentence of death by race, 1968-1996 Year White Black Other Total 1968 243 271 3 517 1969 263 310 2 575 1970 293 335 3 631 1971 306 332 4 642 1972 167 166 1 334 1973 64 68 2 134 1974 110 128 6 244 1975 218 262 8 488 1976 225 195 0 420 1977 229 192 2 423 1978 281 197 4 482 1979 354 236 3 593 1980 423 264 4 691 1981 498 354 8 860 1982 611 440 12 1063 1983 692 505 12 1209 1984 806 598 16 1420 1985 896 664 15 1575 1986 1013 762 25 1800 1987 1128 813 26 1967 1988 1235 848 34 2117 1989 1308 898 37 2243 1990 1368 940 38 2346 1991 1449 979 37 2465 1992 1511 1031 38 2580 1993 1577 1111 41 2729 1994 1653 1203 49 2905 1995 1730 1275 49 3054 1996 1820 1349 50 3219 Whites predominated (57%); blacks comprised 42%; and other races (1.6%) included 24 Native Americans, 18 Asians, and 8 persons of unknown race. Among those for whom ethnicity was known, 9% were Hispanic. The sex, race, and Hispanic origin of those under sentence of death at yearend 1996 were as follows: Persons under sentence of death, by sex, race, and Hispanic origin, 12/31/96 State White Black Other Male 1788 1333 50 Hispanic 236 13 7 Female 32 16 0 Hispanic 2 1 0 Among inmates under sentence of death on December 31, 1996, for whom information on education was available, three-fourths had either completed high school (38%) or finished 9th, 10th, or 11th grade (38%). The percentage who had not gone beyond eighth grade (14%) 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, 51% were age 20 to 29 at the time of arrest for their capital offense; 13% were age 19 or younger; and less than 1% were age 55 or older (table 8). -------------------------------------------------------------------------------------------------------------- Table 8. Age at time of arrest for capital offense and age of prisoners under sentence of death at yearend 1996 Prisoners under sentence of death At time of arrest On December 31, 1996 Age Number* Percent Number Percent Total under sentence of death on 12/31/96 2849 100 % 3,219 100 % 17 or younger 64 2.2 1 -- 18-19 295 10.4 15 .5 20-24 788 27.7 281 8.7 25-29 661 23.2 480 14.9 30-34 455 16.0 596 18.5 35-39 296 10.4 701 21.8 40-44 148 5.2 481 14.9 45-49 82 2.9 341 10.6 50-54 36 1.3 184 5.7 55-59 16 .6 80 2.5 60 or older 8 .3 59 1.8 Mean age 28 yrs 37 yrs Median age 26 yrs 36 yrs Note: The youngest person under sentence of death was a black male in Nevada, born in May 1979 and sentenced to death in June 1996. The oldest person under sentence of death was a white male in Arizona, born in September and sentenced to death in June 1983. *Excludes 370 inmates for whom the date of arrest for the capital offense was not available. --Less than 0.5%. The average age at time of arrest was 28 years. On December 31, 1996, 40% of all inmates were age 30 to 39, and 70% were age 25 to 44. The youngest offender under sentence of death was age 17; the oldest was 81. ------------------------------------------- Entries and removals of persons under sentence of death ------------------------------------------- Between January 1 and December 31, 1996, 31 State prison systems reported receiving 295 prisoners under sentence of death; the Federal Bureau of Prisons received 4 inmates. Forty-one percent of the inmates were received in 4 States: California (39), Texas (33), and Florida and North Carolina (25 each). All 299 prisoners who had been received under sentence of death had been convicted of murder. By sex and race, 172 were white men, 119 were black men, 5 were Native American men , 1 was an Asian man, and 2 were white women. Of the 299 new admissions, 28 were Hispanic men. Twenty-seven States and the Federal Bureau of Prisons reported a total of 87 persons whose sentence of death was overturned or removed. Appeals courts vacated 38 sentences while upholding the convictions and vacated 38 sentences while overturning the convictions. Florida (12 exits) had the largest number of vacated capital sentences. Indiana reported two commutations of a death sentence; Arizona, Georgia, Idaho, Illinois, Ohio, Pennsylvania, South Carolina, and Virginia each reported one. Utah removed one inmate when an appellate court struck the capital sentence. As of December 31, 1996, 41 of the 87 persons who were formerly under sentence of death were serving a reduced sentence, 21 were awaiting a new trial, 17 were awaiting resentencing, 4 had all capital charges dropped, and 3 had no action taken after being removed from under sentence of death. No information was available on the current status of one inmate. In addition, 12 persons died while under sentence of death in 1996. Six of these deaths were from natural causes -- one each in California, Florida, Georgia, New Jersey, New Mexico, and Pennsylvania. Six suicides occurred -- one each in Alabama, California, Florida, Missouri, Ohio, and Oklahoma. From 1977, the year after the Supreme Court upheld the constitutionality of revised State capital punishment laws, to 1996, a total of 5,154 persons entered prison under sentence of death. During these 20 years, 358 persons were executed, and 1,957 were removed from under a death sentence by appellate court decisions and reviews, commutations, or death. ***(Footnote: 1 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 1996, 2,608 (51%) were white, 2,098 (41%) were black, 371 (7%) were Hispanic, and 77 (1%) were of other races. The distribution by race and Hispanic origin of the 1,957 inmates who were removed from death row between 1977 and 1996 was as follows: 1,011 whites (52%), 809 blacks (41%), 106 Hispanics (5%), and 31 persons of other races (2%). Of the 358 who were executed, 200 (56%) were white, 134 (37%) were black, 21 (6%) were Hispanic, and 3 (1%) were of other races. ---------------------------------------- Criminal history of inmates under sentence of death in 1996 --------------------------------------- Among inmates under a death sentence on December 31, 1996, for whom criminal history information was available, 66% had past felony convictions, including 9% with at least one previous homicide conviction (table 9). -------------------------------------------------------------------------------------------------- Table 9. Criminal history profile of prisoners under sentence of death, by race and Hispanic origin, 1996 Prisoners under sentence of death Number Percent/a Allb White Black Hispanic All/b White Black Hispanic U.S. total 3219 1582 1335 259 100 % 100 % 100 % 100 % Prior felony convictions Yes 1953 929 867 136 65.7% 63.5% 70.4% 57.4% No 1018 533 365 101 34.3 36.5 29.6 42.6 Not reported 248 Prior homicide convictions Yes 270 123 124 18 8.6% 7.9% 9.5% 7.2% No 2877 1430 1179 231 91.4 92.1 90.5 92.8 Not reported 72 Legal status at time of capital offense Charges pending 208 118 74 15 7.3% 8.3% 6.3% 6.7% Probation 288 141 122 22 10.0 9.9 10.3 9.8 Parole 572 239 272 55 20.0 16.8 23.0 24.4 Prison escapee 41 25 12 3 1.4 1.8 1.0 1.3 Prison inmate 70 33 32 3 2.4 2.3 2.7 1.3 Other status 32 16 14 1 1.1 1.1 1.2 .4 None 1655 847 657 126 57.7 59.7 55.5 56.0 Not reported 353 /aPercentages are based on those offenders for whom data were reported. Detail may not add to total because of rounding. /bIncludes whites, blacks, Hispanics, and persons of other races. 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 about a fourth were on probation. The others 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 (64%) or Hispanics (57%) 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 (24%) or blacks (23%) 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 2,604 individuals received undersentence of death during that time, about 1 in every 7 entered with 2 or more death sentences. Number of death sentences received Inmates Total 100% 1 8 2 10 3 or more 5 Number admitted under sentence of death, 1988-96 2604 --------------------- Executions --------------------- According to data collected by the Federal Government, from 1930 to 1996, 4,217 persons were executed under civil authority (table 10). ***Footnote 2 Military authorities carried out an additional 160 executions, 1930-96.*** ---------------------------------------------------------------------------------------------------- Table 10. Number of persons executed, by jurisdiction, 1930-96 Number executed State Since 1930 Since 1977 U.S. total 4217 358 Texas 404 107 Georgia 388 22 New York 329 California 296 4 North Carolina 271 8 Florida 208 38 South Carolina 173 11 Ohio 172 Mississippi 158 4 Louisiana 156 23 Pennsylvania 154 2 Alabama 148 13 Arkansas 130 12 Virginia 129 37 Kentucky 103 Illinois 98 8 Tennessee 93 Missouri 85 23 New Jersey 74 Maryland 69 1 Oklahoma 68 8 Washington 49 2 Colorado 47 Indiana 45 4 Arizona 44 6 District of Columbia 40 West Virginia 40 Nevada 35 6 Federal system 33 Massachusetts 27 Connecticut 21 Delaware 20 8 Oregon 20 1 Utah 18 5 Iowa 18 Kansas 15 Wyoming 8 1 New Mexico 8 Montana 7 1 Nebraska 6 2 Idaho 4 1 Vermont 4 New Hampshire 1 South Dakota 1 After the Supreme Court reinstated the death penalty in 1976, 27 States executed 358 prisoners: 1977 1 1988 11 1979 2 1989 16 1981 1 1990 23 1982 2 1991 14 1983 5 1992 31 1984 21 1993 38 1985 18 1994 31 1986 18 1995 56 1987 25 1996 45 During this 20-year period, 6 States executed 250 prisoners: Texas (107), Florida (38), Virginia (37), Louisiana and Missouri (23 each), and Georgia (22). These States accounted for more than two-thirds of all executions. Between 1977 and 1996, 199 white non-Hispanic men, 134 black non-Hispanic men, 21 Hispanic men, 2 Native American men, 1 Asian man, and 1 white non-Hispanic woman were executed. During 1996 Virginia carried out eight executions; Missouri and South Caro-lina each executed six persons; Delaware and Texas, three each; Arizona, California, Florida, Georgia, and Oklahoma, two each; and Alabama, Arkansas, Illinois, Indiana, Louisiana, Nebraska, Nevada, Oregon, and Utah, one each. All persons executed in 1996 were male. Twenty-nine were whites; 14 were blacks; and 2 were Hispanic. -------------------------------------------------------------------------------------------------- Figure 3. Persons executed 1930 155 1931 153 1932 140 1933 160 1934 168 1935 199 1936 195 1937 147 1938 190 1939 160 1940 124 1941 123 1942 147 1943 131 1944 120 1945 117 1946 131 1947 153 1948 119 1949 119 1950 82 1951 105 1952 83 1953 62 1954 81 1955 76 1956 65 1957 65 1958 49 1959 49 1960 56 1961 42 1962 47 1963 21 1964 15 1965 7 1966 1 1967 2 1968 0 1969 0 1970 0 1971 0 1972 0 1973 0 1974 0 1975 0 1976 0 1977 1 1978 0 1979 2 1980 0 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 37 1994 31 1995 56 1996 45 From 1977 to 1996, 5,534 prisoners were under death sentences for varying lengths of time (table 11). --------------------------------------------------------------------------------------------------- Table 11. Prisoners under sentence of death who were executed or received other dispositions, by race and Hispanic origin, 1977-96 Prisoners who received Prisoners executed other dispositionsa Total under sentence of Percent Percent Race/Hispanic origin death, 1977-96 Number of total Number of total Total 5534 358 6.5% 1957 35.4% Whitec 2793 200 7.2% 1011 36.2% Blackc 2278 134 5.9 809 35.5 Hispanic 386 21 5.4 106 27.5 Otherc 77 3 3.9 31 40.3 /a Includes persons removed from a sentence of death because of statutes struck down on appeal, sentences or convictions vacated, commutations, or death other than by execution. /b Includes persons sentenced to death prior to1977 who were still underon 12/31/96 (12), persons sentenced to death prior to 1977 whose death sentence was removed between 1977 and 12/31/96 (368), and persons sentenced to death between 1977 and 12/31/96 (5,154). /c Non-Hispanic. The 358 executions accounted for 6% of those at risk. A total of 1,957 prisoners (35% of those at risk) received other dispositions. About the same percentage of whites (7%), 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 1996, the average time spent between the imposition of the most recent sentence received and execution was nearly 9 years (table 12). ---------------------------------------------------------------------------------------------------- Table 12. Time under sentence of death sentence and execution, by race, 1977-96 Average elapsed time from sentence to execution for: Number executed Year of execution All* White Black All* White Black Total 358 220 135 106 mos 100 mos 117 mos 1977-83 11 9 2 51 mos 49 mos 58 mos 1984 21 13 8 74 76 71 1985 18 11 7 71 65 80 1986 18 11 7 87 78 102 1987 25 13 12 86 78 96 1888 11 6 5 80 72 89 1989 16 8 8 95 78 112 1990 23 16 7 95 97 91 1991 14 7 7 116 124 107 1992 31 19 11 114 104 135 1993 38 23 14 113 112 121 1994 31 20 11 122 117 132 1995 56 33 22 134 128 144 1996 45 31 14 125 112 153 Note: Average time was calculated from the most recent sentencing date. Some numbers have been revised from those previously reported. *Includes Native Americans and Asians. White prisoners had spent an average of 8 years and 4 months, and black prisoners, 9 years and 9 months. The 45 prisoners executed in 1996 were under sentence of death an average of 10 years and 5 months. For the 358 prisoners executed between 1977 and 1996, the most common method of execution was lethal injection (216). Other methods were electrocution (128), lethal gas (9), hanging (3), and firing squad (2). Executions, 1977-96 His- Amer- panic ican Method of execution White Black ican Indian Asian Total 200 134 21 2 1 Lethal injection 123 Electrocution 66 61 1 0 0 Lethal gas 6 3 0 0 0 Hanging 3 0 0 0 0 Firing squad 2 0 0 0 0 Among prisoners under sentence of death at yearend 1996, the average time spent in prison was 6 years and 9 months. Elapsed time since sentencing Mean Median Total 81 mos 70 mos Male 82 71 Female 67 56 White 84 74 Black 79 65 Hispanic 78 70 The median time between the imposition of a death sentence and yearend 1996 was 70 months. Overall, the average time for women was 5.6 years -- three-fourths as long as for men (6.8 years). On average, whites, blacks, and Hispanics had spent from 78 to 84 months under a sentence of death. --------------------------------------------------------------------------------------- Advanced count of executions: January 1, 1997 - December 31, 1997 To provide the latest data on capital punishment, BJS initiated an ongoing collection effort in 1997, that gathers information as each execution occurs. The data include the date of execution, the jurisdiction,the method used, and the name, race, and gender of each person executed. As of December 31, 1997, 17 States had executed 74 prisoners. This is the most executions in a single year since the 76 inmates executed in 1955. Texas carried out 37, half of all executions in 1997. This is more executions in a single State than in any year since the Federal Government began tracking executions on an annual basis. Lethal injection accounted for 68 of the executions; 6 were carried out by electrocution. Forty-six of those executed were white, 26 black, and 2 other races. All were men. State Number of executions Method used Texas 37 Lethal Injection Virginia 9 Lethal Injection Missouri 6 Lethal Injection Arkansas 4 Lethal Injection Alabama 3 Electrocution Arizona 2 Lethal Injection Illinois 2 Lethal Injection South Carolina 2 Lethal Injection Colorado 1 Lethal Injection Florida 1 Electrocution Indiana 1 Lethal Injection Kentucky 1 Electrocution Louisiana 1 Lethal Injection Maryland 1 Lethal Injection Nebraska 1 Electrocution Oklahoma 1 Lethal Injection Oregon 1 Lethal Injection Total 74 Final counts for all of 1997 will appear in Capital Punishment 1997, a BJS Bulletin, released in late 1998. This annual report will comprise data collected from State and Federal departments of correction. It will also include demographic characteristics, criminal history, time under sentence of death, method of removal including executions, and trends since 1973. The report will cover all persons under sentence of death on December 31, 1997, as well as those received from court and 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 correction in each jurisdiction currently authorizing capital punishment and are updated annually; 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 in Correctional Populations in the United States, published annually. NPS-8 covers all persons under sentence of death at any time during the year who were held in a State or Federal non-military 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 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 5 for the affected jurisdictions.) (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. From January 1, 1977, to December 31, 1996, 358 executions took place in 27 States. --------------------------------------------------------------------------------------------------- Appendix table 1. Prisoners sentenced to death, and the outcome of their sentence, by year of sentencing, 1973-96 Number of prisonerUnder Under Number Appeal or higher courts overturned Other or sentence Year of sentenced Other Death pen- Sentence unknown of death, sentence to death Execution death alty statu Conviction Sentence commuted reasons 12/31/96 1973 42 2 0 14 9 8 9 0 0 1974 149 9 4 65 15 30 22 1 3 1975 298 6 4 171 24 67 21 2 3 1976 234 11 5 137 17 43 15 0 6 1977 138 17 2 40 26 33 7 0 13 1978 186 31 4 21 34 60 8 0 28 1979 153 20 9 2 28 57 6 1 30 1980 175 29 11 3 27 48 7 0 50 1981 229 40 12 0 39 72 4 1 61 1982 269 43 13 0 32 63 7 0 111 1983 253 37 12 1 22 53 4 2 122 1984 284 28 10 2 35 55 6 8 140 1985 270 15 3 1 38 63 4 3 143 1986 304 15 14 0 41 49 6 5 174 1987 289 13 10 4 34 54 2 6 166 1988 294 13 8 0 31 48 3 0 191 1989 262 5 7 0 26 49 3 0 172 1990 252 5 4 0 30 29 0 0 184 1991 270 2 5 0 24 20 5 0 214 1992 290 5 1 0 17 26 3 0 238 1993 294 6 5 0 9 13 3 0 258 1994 318 2 4 0 8 5 1 0 298 1995 325 3 4 0 1 1 0 0 316 1996 299 1 0 0 0 0 0 0 298 Total, 1973-96 5877 358 151 461 567 946 146 29 3219 Note: For those persons sentenced to death more than once, the numbers are based on the most recent death sentence. Appendix table 2. Prisoners under sentence of death on December 31, 1996, by State and year of sentencing Average number of Under years under sentence sentence of Year of sentence for prisoners sentenced to and remaining on death row, 12/31/96 of death death as of State 1974-79 1980-81 1982-83 1984-85 1986-87 1988-89 1990 1991 1992 1993 1994 1995 1996 12/31/96 12/31/96 Florida 25 12 22 34 34 42 18 35 29 26 39 32 25 373 7.3 Texas 16 16 20 34 58 57 23 26 37 31 45 43 32 438 6.9 California 9 18 48 39 47 66 32 23 41 33 23 36 39 454 7.3 Georgia 8 3 6 6 15 11 9 6 6 6 7 7 6 96 8 Tennessee 6 7 9 12 16 9 7 8 4 2 4 4 3 91 9.4 Arizona 5 8 12 11 7 14 10 10 9 13 11 6 5 121 7.8 Nebraska 3 2 1 1 1 1 2 11 11 Arkansas 2 1 1 4 4 3 4 6 6 4 5 40 5.5 Nevada 2 4 9 8 4 12 7 4 1 2 8 10 10 81 7 South Carolina 2 3 5 5 5 5 2 7 2 7 7 10 8 68 6.4 Alabama 1 4 16 12 16 19 7 4 8 6 23 16 19 151 6.4 Illinois 1 14 15 13 17 18 16 6 11 12 9 13 16 161 7.4 Kentucky 1 2 8 2 4 1 2 2 2 3 2 29 9.3 North Carolina 1 3 5 5 1 6 10 16 31 25 33 25 161 3.7 Oklahoma 1 1 7 16 23 17 6 10 3 7 10 16 16 133 6.6 Indiana 4 6 8 6 3 3 2 3 2 2 3 3 45 8.6 Pennsylvania 4 16 19 25 33 6 16 16 15 21 21 11 203 6.7 Mississippi 3 4 1 3 3 6 5 2 11 5 5 9 57 5.4 Idaho 1 2 4 1 4 1 1 1 1 1 1 18 8.8 Maryland 1 3 1 3 1 1 1 1 7 19 5.6 Ohio 11 30 21 18 9 12 13 9 13 17 17 170 6.6 Missouri 4 10 12 12 4 11 6 6 9 10 9 93 6.1 Louisiana 3 8 8 1 1 3 6 6 6 12 9 63 5.2 Delaware 1 1 4 5 11 5.1 Montana 1 1 1 2 2 7 * Utah 1 2 3 1 1 1 9 * Washington 1 1 1 1 1 1 2 1 2 11 4.6 Virginia 6 4 5 5 6 6 10 6 1 49 4.7 Colorado 2 1 1 1 5 * New Jersey 1 2 1 2 2 3 11 3.3 Oregon 1 1 4 3 6 2 3 20 3 Connecticut 2 1 1 4 * Federal system 1 4 2 4 11 2 South Dakota 1 1 * New Mexico 2 2 4 * Total 83 111 233 283 340 363 184 214 238 258 298 316 298 3219 6.8 Note: For those persons sentenced to death more than once, the numbers are based on the most recent death sentence. *Averages not calculated for fewer than 10 inmates. Appendix table 3. Number sentenced to death and number of removals, by jurisdiction and reason for removal, 1973-96 Total sen- Number of removals, 1973-96 Under tenced to Sentence or sentence death, conviction Sentence Other of death Jurisdiction 1973-96 Executed Died overturned commuted removals 12/31/96 U.S. total 5877 358 151 1974 146 29 3219 Federal system 13 0 0 2 0 0 11 Alabama 262 13 8 89 1 0 151 Arizona 202 6 6 63 5 1 121 Arkansas 82 12 1 28 1 0 40 California 611 4 24 113 15 1 454 Colorado 16 0 1 9 1 0 5 Connecticut 6 0 0 2 0 0 4 Delaware 32 8 0 13 0 0 11 Florida 759 38 22 306 18 2 373 Georgia 258 22 8 125 6 1 96 Idaho 34 1 1 12 2 0 18 Illinois 249 8 7 65 1 7 161 Indiana 85 4 1 31 2 2 45 Kentucky 60 0 2 28 1 0 29 Louisiana 162 23 3 66 6 1 63 Maryland 45 1 1 22 2 0 19 Massachusetts 4 0 0 2 2 0 0 Mississippi 145 4 1 80 0 3 57 Missouri 135 23 5 13 1 0 93 Montana 15 1 0 6 1 0 7 Nebraska 23 2 2 6 2 0 11 Nevada 113 6 4 19 3 0 81 New Jersey 43 0 2 22 0 8 11 New Mexico 26 0 1 16 5 0 4 New York 3 0 0 3 0 0 0 North Carolina 413 8 5 235 4 0 161 Ohio 316 0 6 130 10 0 170 Oklahoma 267 8 6 119 1 0 133 Oregon 39 1 0 18 0 0 20 Pennsylvania 274 2 8 58 3 0 203 Rhode Island 2 0 0 2 0 0 0 South Carolina 146 11 3 63 1 0 68 South Dakota 2 0 0 1 0 0 1 Tennessee 170 0 4 73 0 2 91 Texas 701 107 14 98 44 0 438 Utah 24 5 0 9 1 0 9 Virginia 103 37 3 6 7 1 49 Washington 28 2 1 14 0 0 11 Wyoming 9 1 1 7 0 0 0 Percent 100% 6.1% 2.6% 33.6% 2.5% .5% 54.8% Note: For those persons sentenced to death more than once, the numbers are based on the most recent death sentence. Appendix table 4. Executions, by State and method, 1977-96 Number Lethal Electro- Lethal Firing State executed injection cution gas squad Hanging Total 358 216 128 9 2 3 Texas 107 107 0 0 0 0 Florida 38 0 38 0 0 0 Virginia 37 13 24 0 0 0 Louisiana 23 3 20 0 0 0 Missouri 23 23 0 0 0 0 Georgia 22 0 22 0 0 0 Alabama 13 0 13 0 0 0 Arkansas 12 11 1 0 0 0 South Carolina 11 6 5 0 0 0 Delaware 8 7 0 0 0 1 Illinois 8 8 0 0 0 0 North Carolina 8 7 0 1 0 0 Oklahoma 8 8 0 0 0 0 Arizona 6 5 0 1 0 0 Nevada 6 5 0 1 0 0 Utah 5 3 0 0 2 0 California 4 2 0 2 0 0 Indiana 4 1 3 0 0 0 Mississippi 4 0 0 4 0 0 Nebraska 2 0 2 0 0 0 Pennsylvania 2 2 0 0 0 0 Washington 2 0 0 0 0 2 Idaho 1 1 0 0 0 0 Maryland 1 1 0 0 0 0 Montana 1 1 0 0 0 0 Oregon 1 1 0 0 0 0 Wyoming 1 1 0 0 0 0 Note: This tables shows the distributions of execution methods used since 1977. Lethal injection was used in 60% of the executions carried out. Eleven States -- Ari California, Delaware, Indiana, Louisiana, Nevada, North Carolina, South Carolina, Utah, and Virginia -- have employed two methods. 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 Coliece R. Rice 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 and Kathleen Creighton. December 1997, NCJ-167031 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, 1973-96. 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