U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Bulletin Capital Punishment 1998 December 1999, NCJ 179012 By Tracy L. Snell BJS Statistician Revised 1/6/00 -------------------------------------------------------------------------- Most of the tables in this report are not included in this text version. They are available in the pdf version or in spreadsheet format at http://www.ojp.usdoj.gov/bjs/abstract/cp98.htm 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 -------------------------------------------------------------------------- Eighteen States executed 68 prisoners during 1998. The number executed was 6 fewer than in 1997. The prisoners executed during 1998 had been under sentence of death an average of 10 years and 10 months, 3 months less than that for inmates executed in 1997. At yearend 1998, 3,452 prisoners were under sentence of death. California held the largest number on death row (512), followed by Texas (451), Florida (372), and Pennsylvania (224). Nineteen prisoners were under a Federal sentence of death. During 1998, 30 States and the Federal prison system received 285 prisoners under sentence of death. Texas (39 admissions), California (31), Alabama and Florida (25 each) accounted for 42% of those sentenced to death. During 1998, 66 men and 2 women were executed. Of those executed, 35 were non-Hispanic whites; 18 were non-Hispanic blacks; 8, white Hispanics; 5, whites with unknown Hispanic origin; 1, American Indian; and 1, Asian. Sixty of the executions were carried out by lethal injection, 7 by electrocution, and 1 by lethal gas. ---------------Highlights on page 1----------------- Status of the death penalty, December 31, 1998 Number of prisoners Jurisdictions without Executions during 1998* under sentence of death a death penalty Texas 20 California 512 Alaska Virginia 13 Texas 451 District of Columbia South Carolina 7 Florida 372 Hawaii Arizona 4 Pennsylvania 224 Iowa Florida 4 Ohio 191 Maine Oklahoma 4 North Carolina 187 Massachusetts Missouri 3 Alabama 178 Michigan North Carolina 3 Illinois 157 Minnesota Alabama 1 Oklahoma 144 North Dakota Arkansas 1 Arizona 120 Rhode Island California 1 Georgia 109 Vermont Georgia 1 Tennessee 97 West Virginia Illinois 1 Missouri 90 Wisconsin Indiana 1 Nevada 84 Maryland 1 Louisiana 75 Montana 1 South Carolina 68 Nevada 1 Mississippi 65 Washington 1 21 other jurisdictions 328 * At yearend 1998, 37 States and the Federal prison system held 3,452 prisoners under sentence of death, 4% more than in 1997. Persons under sentence of death, by race 1990 1998 White 1,381 1,906 Black 942 1,486 American Indian 25 29 Asian 14 18 Other 1 13 * The 314 Hispanic inmates under sentence of death accounted for 10% of inmates with a known ethnicity. * Forty-eight women were under a sentence of death in 1998, up from 35 in 1990. * 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 18; the oldest was 83. * Of the 6,089 people under sentence of death between 1977 and 1998, 8.2% were executed, 2.9% died by causes other than execution, and 32.2% received other dispositions. * The number of States authorizing lethal injection increased from 21 in 1990 to 34 in 1998. In 1998, 88% of all executions were by lethal injection, compared to 52% in 1990. ----------------End of Highlights--------------- Capital punishment laws At yearend 1998 the death penalty was authorized by 38 States and the Federal Government (tables 1 and 2). During 1998 no State enacted new legislation authorizing capital punishment. The New York Court of Appeals struck portions of the New York death penalty provision in December 1998 (Hynes v. Tomei). The affected portions of the statute barred imposition of a death sentence in cases where a guilty plea was entered by a defendant while a defendant pleading not guilty would have to stand trial and face the possibility of a death sentence (CPL 220.10(5)(e) and 220.30(3)()(vii)). These provisions were ruled to violate defendants' fifth amendment right against self-incrimination and sixth amendment right to a jury trial. Statutory changes During 1998, 13 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: Delaware — Amended an aggravating circumstance to include murder of a person in retaliation for providing testimony in any court proceeding (11 Del. c. § 4209(e)(1)g), effective 7/13/98. Indiana — Added to its penal code as an aggravating factor killing a pregnant woman (Indiana code 35-20-2-9() (16)), effective 1/22/98. Kansas — Revised its penal code to add as a mitigating factor consideration of whether "a term of imprisonment is sufficient to defend and protect the people's safety from the defendant," (KSA 21-2646), effective 7/1/98. Kentucky — Revised its penal code to authorize lethal injection as the method of execution for all inmates sentenced to death on or after March 31, 1998. Inmates sentenced prior to that date must choose between lethal injection and electrocution at least 20 days before the scheduled date of execution; if this option is waived, the method shall be lethal injection (KRS § 431.220), effective 3/31/98. Kentucky also added as a mitigating factor that the victim was a participant in the criminal actions (KRS § 532.025(2)()(3)). Kentucky legislators amended the code of criminal procedure to establish, upon jury conviction of a defendant, a pre- sentencing hearing to take place before the jury (KRS § 532.025(1)()). Another procedural amendment established responsibility of the Kentucky Supreme Court for automatic review of all death sentences. The review includes weighing of all facts and evidence submitted in the case, determining if aggravating factors outweigh mitigating factors in the case, and considering the proportionality of the death sentence compared to similar cases (KRS § 532.075). Lawmakers also enacted the Kentucky Racial Justice Act which prohibits seeking a death sentence against a defendant on the basis of race and establishes procedures for dealing with claims made under this act (KRS § 532.300), effective 7/15/98. Mississippi — Revised its penal code. The first revision eliminated lethal gas as an authorized method of execution (Miss. Code Ann. § 99-19-51), effective 3/18/98. Lethal injection is now the sole method of execution authorized in Mississippi. Another revision eliminated capital rape from Mississippi's offense codes. The statute that created the offense was rewritten as a statutory rape provision which no longer carries the death penalty (Miss Code Ann § 97-3-65), effective 7/1/98. Mississippi amended the code of criminal procedure. Executions, which had previously taken place at midnight, will now take place at 6:00 pm or within 24 hours of the time for which the death warrant has been signed. The same statute was also amended to allow two members of the victim's family to be present at the execution (Miss. Code Ann. § 99-19-55), effective 7/1/98. Nebraska — Revised an aggravating circumstance from the defendant having a substantial history of violent behavior to a substantial "prior" history (Neb. § 29-2523(1)(a)) and added as an aggravating circumstance murder of a law enforcement officer engaged in the performance of official duties where the defendant had knowledge of the victim's occupation (Neb. § 29-2523(1)(i)), effective 7/15/98. Ohio — Amended its definition of aggravated murder to eliminate the condition of specific intent by the defendant to cause death (O.R.C. § 2903.01), effective 6/30/98. Ohio lawmakers also revised the mechanism for vacating a death sentence against a person who was under age 18 at the time of the offense and for suspending the execution of a pregnant or insane offender (O.R.C. § 2929.02), effective 7/29/98. Pennsylvania — Revised provisions of the capital statute 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 executions, and certification and postmortem procedures following the executions (42 Pa.C.S. § 9711(i), (j), (k), (l), (m),(n), and (0)), effective 8/17/98. South Dakota — Amended its code of criminal procedure to establish a procedure of re-issuance of death warrants that have expired due to stays granted for appellate review or other remedial writs issued by the State supreme court (SDCL 23A-27A-31), effective 7/1/98. Tennessee — Authorized lethal injection as a method of execution for all persons whose offense occurred on or after January 1, 1999. Persons who committed offenses prior to that date may elect lethal injection by requesting in writing a waiver of the authorized method at the time of their offense (Tenn. Code Ann. § 40-23-114(b-e)), effective 5/18/98. Tennessee legislators expanded the definition of felony murder to include aggravated child neglect (Tenn. Code Ann. § 39-13-202(a)), effective 5/18/98. An aggravating factor, murder of a person with a significant handicap, was revised to specifically include persons 70 years of age or older (Tenn. Code Ann. § 39-13-204(i)(14)), effective 7/1/98. Tennessee revised the code of criminal procedure (Tenn. Code Ann. § 39-13-204(c)) to allow facts and circumstances regarding a defendant's prior criminal history of violence to be entered into evidence by either the prosecution or the defense for consideration by the jury when weighing aggravating and mitigating factors, effective 5/7/98, and to allow evidence concerning the victim and the effect of the crime on the victim's family to be heard and considered during the sentencing hearing, effective 7/1/98. Utah — Revised the code of criminal procedure to require that a defendant attain the prior consent of both the prosecutor and the court in requesting a waiver of a jury in the sentencing phase of the trial (Utah 76-3-207(1)), effective 5/4/98. Virginia — Amended the definition of capital murder to include the intentional killing of a person under age 14 by a person age 21 or older (Va. Code § 18.2-31(12)), effective 7/1/98. Washington — Added as aggravating factors murder of a person who had a protective order filed against the defendant and murder of a person with whom the defendant shared a household when the defendant also had a history of 3 or more prior harassment or criminal assault offenses against the victim (WA ST 10.95.020(13) and (14)). ----------------------table 1 --------------------------- Table 1. Capital offenses, by State, 1998 Alabama. Capital murder with a finding of at least 1 of 9 aggravating circumstances (Ala. Code Sec. 13A-5-40 and Sec. 13A-5-49). 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 10 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 where 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 16 aggravating circumstances (IC 35-50-2-9). Capital sentencing excludes persons determined to be mentally retarded. Kansas. Capital murder with 7 aggravating circumstances (KSA 21-3439). 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); aircraft piracy (97-25-55(1) MCA). Missouri. First-degree murder (565.020 RSMO). Montana. Capital murder with 1 of 9 aggravating circumstances (46-18-303 MCA); capital sexual assault (45-5-503 MCA). Nebraska. First-degree murder with a finding of at least 1 statutorily-defined aggravating circumstance. Nevada. First-degree murder with 13 aggravating circumstances. New Hampshire. Six categories of capital murder (RSA 630:1 and RSA 630:5). New Jersey. Purposeful or knowing murder by one's own conduct; contract murder; solicitation by command or threat in furtherance of a narcotics conspiracy (NJSA 2C:11-3C). New Mexico. First-degree murder in conjunction with a finding of at least 1 of 7 aggravating circumstances (Section 30-2-1 A, NMSA). New York. First-degree murder with 1 of 12 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. 2903.01, 2929.01, 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 18 aggravating circumstances. South Carolina. Murder with 1 of 10 aggravating circumstances (Section 16-3-20(C)(a)). Mental retardation is a mitigating factor. South Dakota. First-degree murder with 1 of 10 aggravating circumstances; aggravated kidnaping. Tennessee. First-degree murder. Texas. Criminal homicide with 1 of 8 aggravating circumstances (TX Penal Code 19.03). Utah. Aggravated murder (76-5-202, Utah Code annotated). Virginia. First-degree murder with 1 of 12 aggravating circumstances (VA Code sec. 18.2-31). Washington. Aggravated first-degree murder. Wyoming. First-degree murder. --------------------- end of table 1 --------------------- ------------------------- table 2 ------------------------- Table 2. Federal laws providing for the death penalty, 1998 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. --------------------- end of table 2 --------------------- Method of execution As of December 31, 1998, lethal injection was the predominant method of execution (34 States) (table 3). ------------------------- table 3 ------------------------- Table 3. Method of execution, by State, 1998 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 New Hampshire/a,e Oklahoma/f California/a New Mexico Florida Missouria Washington/a Utah/a Colorado New York Georgia North Carolina/a Connecticut North Carolina/a Kentucky/a,g Wyoming/a,h Delaware/a,c Ohio/a Nebraska Idaho/a Oklahoma/a Ohioa Illinois Oregon Oklahoma/f Indiana Pennsylvania South Carolina/a Kansas South Carolina/a Tennessee/a,i Kentucky/a,g South Dakota Virginia/a Louisiana Tennessee/a,i Maryland Texas Mississippi Utaha Missouria Virginia/a Montana 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 U.S.C. 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 on or after 7/4/83; for those whose offense occurred before that date, the condemned may select lethal injection or electrocution. e/New Hampshire authorizes hanging only if lethal injection cannot be given. f/Oklahoma authorizes electrocution if lethal injection is ever held to be unconstitutional, and firing squad if both lethal injection and electrocution are held unconstitutional. g/Kentucky authorizes lethal injection for persons whose capital sentence was received on after 3/31/98; for those sentenced before that date, the condemned may select lethal injection or electrocution. h/Wyoming authorizes lethal gas if lethal injection is ever held to be unconstitutional. i/Tennessee authorizes lethal injection for those whose capital offense occurred after 12/31/98; those whose offense occurred before that date may select lethal injection or electrocution. ---------------------- end of table 3 --------------------- Method of execution As of December 31, 1998, lethal injection was the predominant method of execution (34 States) (table 3). Eleven States authorized electrocution; 5 States, lethal gas; 3 States, hanging; and 3 States, a firing squad. Seventeen States authorized more than 1 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 the method of execution under two different laws. Offenses prosecuted under 28 CFR, Part 26, mandate lethal injection, while those prosecuted under the Violent Crime Control act of 1994 (18 U.S.C. 3596) call for the method of the State in which the conviction took place. Minimum age In 1998 eight jurisdictions did not specify a minimum age for which the death penalty could be imposed (table 4). ------------------------- table 4 ------------------------- Table 4. Minimum age authorized for capital punishment, 1998 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 Louisiana Florida (16) Texas Federal system Montana 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 attorneys general's offices and may differ from previously reported ages. a/See Ark. Code Ann. 9-27-318(b)(2)(Repl. 1991). b/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 interpretation of U.S. Supreme Court decisions by the Mississippi Supreme Court. e/Juveniles may be transferred to adult court. Age can be a mitigating factor. f/The minimum age for transfer to adult court by statute is 14, but the effective age is 16 based on interpretation of U.S. Supreme Court decisions by the State attorney general's office. ---------------------- end of table 4 --------------------- 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 1998 Thirty-seven States and the Federal prison system held a total of 3,452 prisoners under sentence of death on December 31, 1998, a gain of 124, or 3.7% more than at the end of 1997 (table 5). The Federal prison system count rose from 14 at yearend 1997 to 19 at yearend 1998. Three States reported 39% of the Nation's death row population: California (512), Texas (451), and Florida (372). Of the 39 jurisdictions with statutes authorizing the death penalty during 1998, New Hampshire had no one under a capital sentence, and New York, Kansas, South Dakota, Colorado, New Mexico, and Wyoming had 4 or fewer. Among the 38 jurisdictions with prisoners under sentence of death at yearend 1998, 23 had more inmates than a year earlier, 6 had fewer inmates, and 9 had the same number. California had an increase of 25, followed by Alabama (19) and Ohio (16). Illinois and Virginia had the largest decrease (4 each). During 1998 the number of black inmates under sentence of death rose by 78; the number of whites increased by 42; and the number of persons of other races rose from 56 to 60. The number of Hispanics sentenced to death rose from 291 to 314 during 1998 (table 6). Thirty-eight Hispanics were received under sentence of death, 7 were removed from death row, and 8 were executed. Four-fifths of the Hispanics were held in 4 States: California (97), Texas (93), Florida (43), and Arizona (20). During 1998 the number of women sentenced to be executed increased from 44 to 48. Eight women were received under sentence of death, two were removed from death row, and two were executed. Women were under sentence of death in 17 States. Half of all women on death row at yearend were in California, Texas, Florida, and Pennsylvania. Women under sentence of death, 12/31/98 State Total White Black Total 48 29 17 California 10 6 2 Texas 8 5 3 Florida 4 2 2 Pennsylvania 4 1 3 North Carolina 3 3 0 Alabama 3 2 1 Oklahoma 3 2 1 Illinois 3 0 3 Tennessee 2 2 0 Missouri 1 1 0 Arkansas 1 1 0 Georgia 1 1 0 Mississippi 1 1 0 Arizona 1 1 0 Idaho 1 1 0 Indiana 1 0 1 Nevada 1 0 1 Men were 99% (3,404) of all prisoners under sentence of death (table 7). Whites predominated (55%); blacks comprised 43%; and other races (1.7%) included 29 American Indians, 18 Asians, and 13 persons of unknown race. Among those for whom ethnicity was known, 10% were Hispanic. The gender, race, and Hispanic origin of those under sentence of death at yearend 1998 were as follows: Persons under sentence of death, by gender, race, and Hispanic origin, 12/31/98 White Black Other Male 1,877 1,469 58 Hispanic 284 13 13 Female 29 17 2 Hispanic 1 1 2 Among inmates under sentence of death on December 31, 1998, 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 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, more than half had never married; about 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, half 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). The average age at time of arrest was 28 years. On December 31, 1998, 37% of all inmates were age 30 to 39, and 69% were age 25 to 44. The youngest offender under sentence of death was age 18; the oldest was 83. Entries and removals of persons under sentence of death Between January 1 and December 31, 1998, 30 State prison systems reported receiving 285 prisoners under sentence of death; the Federal Bureau of Prisons received 5 inmates. Forty-two percent of the inmates were received in 4 States: Texas (39), California (31), and Arkansas and Florida (25 each). All 285 prisoners who had been received under sentence of death had been convicted of murder. By gender and race, 142 were white men, 129 were black men, 3 were American Indian men, 2 were Asian men, 1 was a self-identified Hispanic male, 3 were white women, 3 were black women, and 2 were self-identified Hispanic women. Of the 285 new admissions, 36 were Hispanic men and 2 were Hispanic women. Twenty-two States reported a total of 80 persons whose sentence of death was overturned or removed. Appeals courts vacated 43 sentences while upholding the convictions and vacated 36 sentences while overturning the convictions. Florida (16 exits) had the largest number of vacated capital sentences. Texas reported one commutation of a death sentence. As of December 31, 1998, 48 of the 80 persons who were formerly under sentence of death were serving a reduced sentence, 15 were awaiting a new trial, 10 were awaiting resentencing, 1 was resentenced to time served, and 4 had no action taken after being removed from under sentence of death. No information was available on the current status of two inmates. In addition, 13 persons died while under sentence of death in 1998. Ten of these deaths were from natural causes — 3 in California, 2 each in Illinois and Alabama, and 1 each in Missouri, Texas, and Nevada. Two suicides occurred in North Carolina. One inmate in Texas was shot during an escape and subsequently died. From 1977, the year after the Supreme Court upheld the constitutionality of revised State capital punishment laws, to 1998, a total of 5,709 persons entered prison under sentence of death. During these 22 years, 500 persons were executed, and 2,137 were removed from under a death sentence by appellate court decisions and reviews, commutations, or death.***Footnote 1: An individual may have been received and re- moved from under sentence of death more than once. Data are based on the most recent sentence.*** Among individuals who received a death sentence between 1977 and 1998, 2,830 (50%) were white, 2,347(41%) were black, 449 (8%) were Hispanic, and 83 (1%) were of other races. The distribution by race and Hispanic origin of the 2,137 inmates who were removed from death row between 1977 and 1998 was as follows: 1,113 whites (52%), 877 blacks (41%), 116 Hispanics (5%), and 31 persons of other races (2%). Of the 500 who were executed, 281 (56%) were white, 178 (36%) were black, 34 (7%) were Hispanic, and 7 (1%) were of other races. Criminal history of inmates under sentence of death in 1998 Among inmates under a death sentence on December 31, 1998, for whom criminal history information was available, 65% had past felony convictions, including 9% with at least one previous homicide conviction (table 9). Among those for whom legal status at the time of the capital offense was reported, 40% had an active criminal justice status. Less than 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 (69%) than whites (63%) or Hispanics (61%) had a prior felony conviction. About the same percentage of blacks (9%), whites (8%), and Hispanics (8%) had a prior homicide conviction. A slightly higher percentage of Hispanics (24%) or blacks (20%) than whites (15%) 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 3,169 individuals received under sentence 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 85 2 10 3 or more 5 Number admitted under sentence of death, 1988-98 3,169 Executions According to data collected by the Federal Government, from 1930 to 1998, 4,359 persons were executed under civil authority (table 10).***Footnote 2: Military authorities carried out an additional 160 executions, 1930-98. After the Supreme Court reinstated the death penalty in 1976, 29 States executed 500 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 1996 45 1997 74 1998 68 During this 22-year period, 6 States executed 345 prisoners: Texas (164), Virginia (59), Florida (43), Missouri (32), Louisiana (24), and Georgia (23). These States accounted for more than two-thirds of all executions. Between 1977 and 1998, 278 white non-Hispanic men, 178 black non-Hispanic men, 34 Hispanic men, 4 American Indian men, 3 Asian men, and 3 white non-Hispanic women were executed. During 1998 Texas carried out 20 executions; Virginia executed 13 persons; South Carolina, 7; Arizona, Florida, and Oklahoma, 4 each; Missouri and North Carolina, 3 each; and Alabama, Arkansas, California, Georgia, Illinois, Indiana, Maryland, Montana, Nevada, and Washington, 1 each. Sixty-six persons executed in 1998 were male and two were female. Forty were white; 18 were black; 8 were Hispanic; 1 was American Indian; and 1 was Asian. From 1977 to 1998, 6,089 prisoners were under death sentences for varying lengths of time (table 11). The 500 executions accounted for 8% of those at risk. A total of 2,137 prisoners (35% of those at risk) received other dispositions. About the same percentage of whites (9%), blacks (7%), and Hispanics (7%) were executed. Somewhat larger percentages of whites (37%) and blacks (35%) than Hispanics (25%) were removed from under a death sentence by means other than execution. Among prisoners executed from 1977 to 1998, the average time spent between the imposition of the most recent sentence received and execution was more than 9 years (table 12). White prisoners had spent an average of 9 years, and black prisoners, 10 years and 3 months. The 68 prisoners executed in 1998 were under sentence of death an average of 10 years and 10 months. For the 500 prisoners executed between 1977 and 1998, the most common method of execution was lethal injection (344). Other methods were electrocution (141), lethal gas (10), hanging (3), and firing squad (2). Executions, 1977-98 Amer- Method of His- ican execution White Black panic Indian Asian Total 281 178 34 4 3 Lethal injection 195 111 32 3 3 Electrocution 74 64 2 1 0 Lethal gas 7 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 1998, the average time spent in prison was 7 years and 4 months, up 3 months from that of 1997. Elapsed time Inmates under since sentencing sentence of death Mean Median Total 88 mo 75 mo Male 89 76 Female 74 68 White 92 81 Black 86 72 Hispanic 80 66 The median time between the imposition of a death sentence and yearend 1998 was 75 months. Overall, the average time for women was 6.2 years, slightly less than that for men (7.4 years). On average, whites, blacks, and Hispanics had spent from 80 to 92 months under a 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 nonmilitary correctional facility. Included are capital offenders transferred from prison to mental hospitals and those who may have escaped from custody. Excluded are persons whose death sentences have been overturned by the court, regardless of their current incarceration status. The statistics reported in this Bulletin may differ from data collected by other organizations for a variety of reasons: (1) NPS-8 adds inmates to the 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. ------------------------box----------------------------------- 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. Todd D. Minton provided assistance and statistical review. Tina Dorsey and Tom Hester edited the report. Jayne Robinson prepared the printer's package. At the Bureau of the Census, Patricia A. Clark collected the data under the supervision of Gertrude B. Odom and Marilyn M. Monahan. December 1999, NCJ 179012 -------------------------end of box------------------------ End of file Capital Punishment 1998 Bureau of Justice Statistics td 1/5/00 revised 1/6/00