U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Bulletin Capital Punishment 1999 December 2000, NCJ 184795 ----------------------------------------------------------------- This file is text only without graphics and many of the tables. A Zip archive of the tables in this report in spreadsheet format (.wk1) and the full report including tables and graphics in .pdf format are available from: http://www.ojp.usdoj.gov/bjs/abstract/cp99.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 ----------------------------------------------------------------- By Tracy L. Snell BJS Statistician ------------------------------------------------------------------ Highlights Status of the death penalty, December 31, 1999 Number of prisoners Jurisdictions without Executions during 1999* under sentence of death a death penalty Texas 35 California 553 Alaska Virginia 14 Texas 460 District of Columbia Missouri 9 Florida 365 Hawaii Arizona 7 Pennsylvania 230 Iowa Oklahoma 6 North Carolina 202 Maine Arkansas 4 Ohio 199 Massachusetts North Carolina 4 Alabama 180 Michigan South Carolina 4 Illinois 156 Minnesota Alabama 2 Oklahoma 139 North Dakota California 2 Georgia 116 Rhode Island Delaware 2 Arizona 116 Vermont Florida 1 Tennessee 100 West Virginia Illinois 1 Nevada 86 Wisconsin Indiana 1 Louisiana 85 Kentucky 1 Missouri 83 Louisiana 1 South Carolina 65 Nevada 1 Mississippi 60 Ohio 1 Pennsylvania 1 21 other jurisdictions 332 Utah 1 Total 98 Total 3,527 * At yearend 1999, 37 States and the Federal prison system held 3,527 prisoners under sentence of death, 2% more than in 1998. Persons under sentence of death, by race 1990 1999 White 1,379 1,948 Black 945 1,514 American Indian 25 28 Asian 15 24 Other 1 13 * The 325 Hispanic inmates under sentence of death accounted for 10% of inmates with a known ethnicity. * Fifty women were under a death sentence in 1999, 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 arrest. * At yearend the youngest inmate on death row was 18; the oldest was 84. * Of the 6,365 people under sentence of death between 1977 and 1999, 9% were executed, 3% died by causes other than execution, and 32% received other dispositions. * The number of States authorizing lethal injection increased from 20 in 1989 to 34 in 1999. In 1999, 96% of all executions were by lethal injection, compared to 44% in 1989. *For preliminary 2000 data on executions, see page 12. ------------------------------------------------------------------- Twenty States executed 98 prisoners during 1999. The number executed was 30 greater than in 1998 and was the largest annual number since the 105 executed in 1951. The prisoners executed during 1999 had been under sentence of death an average of 11 years and 11 months, 13 months more than that for inmates executed in 1998. At yearend 1999, 3,527 prisoners were under sentence of death. California held the largest number on death row (553), followed by Texas (460), Florida (365), and Pennsylvania (230). Twenty were under a Federal death sentence. During 1999, 32 States and the Federal prison system received 272 prisoners under sentence of death. Texas (48 admissions), California (43), North Carolina (24) and Florida (20) accounted for half of those sentenced to death in 1999. During 1999, 98 men were executed: 61 whites, 33 blacks, 2 American Indians, and 2 Asians. The executed inmates included 9 Hispanics (8 white and 1 American Indian). Ninety-four of the executions were carried out by lethal injection; 3, by electrocution; and 1, by lethal gas. From January 1, 1977, to December 31, 1999, 598 executions took place in 30 States. Sixty-four percent of the executions occurred in 5 States: Texas (199), Virginia (73), Florida (44), Missouri (41), and Louisiana (25). Capital punishment laws At yearend 1999 the death penalty was authorized by 38 States and the Federal Government. During 1999 no State enacted new legislation authorizing capital punishment. Statutory changes During 1999, 9 States revised statutory provisions relating to the death penalty. Most of the changes involved additional aggravating circumstances and procedural amendments. By State, the changes were as follows: Alabama -- Added to the criminal code as aggravating circumstances murder of two or more persons in the course of one "scheme" and murder that was one of a series of intentional killings committed by the defendant (Ala. Code 13A-5-49(9),(10)), effective 9/1/99. Colorado -- Added as an aggravating factor any Class 1 felony committed "because of the victim's race, color, ancestry, religion, or national origin" (CRS 16-11-103(5)(n)), effective 7/1/99. Kansas -- Revised the code of criminal procedure. Changes became effective 7/1/99. Kansas added language to keep confidential the identity of persons carrying out the execution and providing for certification that substances used in the execution will "result in death in a swift and humane manner" (K.S.A. 22-4001). Kansas legislators revised the statute designating witnesses to the execution: witnesses must be at least 18 years old; the Secretary of Corrections may select 10 witnesses, including family members of the victim; the identity of a witness cannot be divulged by anyone other than the witness himself; any witness may be barred from attending for security reasons (K.S.A. 22-4003). Kansas also amended its procedural code for issuance of orders by the courts regarding implementation of the execution (K.S.A. 22-4006, 22-4009, and 22-4011 through 22-4014). Nevada -- Added to both the definition of first degree murder and the list of aggravating factors murder committed on school property or in any venue related to a school-sponsored activity when the perpetrator "intended to cause death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person" (NRS 200.030(1)(d) and NRS 200.033(14)). These changes became effective 10/1/99. New Jersey -- Amended an aggravating factor, felony murder, to include any murder where the victim had a domestic violence restraining order filed against the defendant (NJSA 2C:11-3(c)(4)(g)), effective 9/17/99. Oregon -- Amended its procedural code. The changes became effective 10/23/99. Oregon revised the procedures for issuing and carrying out a death warrant. The revisions established guidelines for a death warrant hearing, which will include a review of the offender's mental competency (ORS 137.463). Another procedural amendment set forth circumstances under which a person other than the defendant may file for post-conviction relief on behalf of the defendant (ORS 138.510). Oregon amended its procedural guidelines pertaining to appointment of counsel for indigent defendants and a defendant's right to waive counsel (ORS 183.590). The amendment also added a provision insulating licensed health care professionals from disciplinary action stemming from their participation in an execution. Lawmakers added a provision requiring that any documents filed on behalf of the defendant are to be served personally to the defendant by providing a copy to the defendant's current custodian. (ORS 144.126). Pennsylvania -- Revised provisions of the capital statute to clarify the exact time period in which the Pennsylvania Supreme Court is required to provide the Governor with a complete record of court proceedings and its opinion and order in death penalty cases (42 Pa.C.S. Sec. 9711(i)), effective 12/12/99. Texas -- Amended the Texas Code of Criminal Procedure to allow during the sentencing phase of a capital trial, upon written request of the defendant's attorney, a court instruction to the jury that any person not sentenced to death will be sentenced to life imprisonment and will not be eligible for parole until the actual time served by the offender equals 40 years (TCCP Art. 37.071 Subsection 2(e)(2)), effective 9/1/99. Wyoming -- Amended an aggravating factor to include among capital felonies murder in the commission of abuse of a child under 16 years of age (W.S. Sec. 6-2-102(h)(xii)), effective 7/1/99. Automatic review Of the 38 States with capital punishment statutes at yearend 1999, 36 provided for review of all death sentences regardless of the defendant's wishes. The Federal death penalty procedures did not provide for automatic review after a sentence of death had been imposed. In Arkansas, case law held that the supreme court review the trial court record for error in capital cases (State v. Robbins, 339 Ark. 379, 5 S.W.3d 51 (1999)). Such review is independent of a defendant's right to waive appeals. 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)). In Mississippi the question of whether a defendant could waive the right to automatic review of the sentence had not been addressed. In Wyoming neither statute nor case law clearly precluded a waiver of appeal. While most of the 36 States authorized an automatic review of both the conviction and sentence, Idaho, Indiana, Kentucky, 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. 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, a death sentence could be reimposed. ------------------------------ Capital offenses, by State, 1999 Alabama. Capital murder with a finding of at least 1 of 10 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 14 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 14 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 further of a narcotics conspiracy (NJSA 2C:11-3C). New Mexico. First-degree murder in conjunction with a finding of at least 1 of 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 (Sec. 16-3-20(C)(a)). Mental retardation is a mitigating factor. South Dakota. First-degree murder with 1 of 10 aggravating circumstances; aggravate Tennessee. First-degree murder. Texas. Criminal homicide with 1 of 8 aggravating circumstances (TX Penal Code 19. 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. ------------------------------------ ------------------------------------ Federal laws providing for the death penalty, 1999 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 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 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 prison 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. -------------------------------- Method of execution As of December 31, 1999, lethal injection was the predominant method of execution (34 States). Eleven States authorized electrocution; 4 States, lethal gas; 3 States, hanging; and 3 States, a firing squad. Sixteen States authorized more than 1 method -- lethal injection and an alternative method -- generally at the election of the condemned prisoner; however, 5 of these 16 stipulated which method must be used, depending on the date of sentencing; 1 authorized hanging only if lethal injection could not be given; and if lethal injection is ever ruled unconstitutional, 1 authorized lethal gas, and 1 authorized electrocution. 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 1999 seven jurisdictions did not specify a minimum age for which the death penalty could be imposed. In some States the minimum age was set forth in the statutory provisions that determine the age at which a juvenile may be transferred to criminal court for trial as an adult. Fourteen States and the Federal system required a minimum age of 18. Seventeen States indicated an age of eligibility between 14 and 17. -------------------------------------- Method of execution, by State, 1999 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 Missouri/a Washington/a Utah/a Colorado New York Georgia Wyoming/a,g Connecticut North Carolina Kentucky/a,h Delaware/a,c Ohio/a Nebraska Idaho/a Oklahoma/a Ohio/a 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 Utah/a Missouri/a 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/Wyoming authorizes lethal gas if lethal injection is ever held to be unconstitutional. h/Kentucky authorizes lethal injection for persons whose capital sentence was received on or after 3/31/98; for those sentenced before that date, the condemned may select lethal injection or electrocution. 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. ----------------------------------------------- ----------------------------------------------- Minimum age authorized for capital punishment, 1999 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/d Indiana (16) Illinois Pennsylvania Kentucky (16) Kansas South Carolina Mississippi (16)/e Maryland South Dakota/f Missouri (16) Nebraska Nevada (16) New Jersey Oklahoma (16) New Mexico Utah (14) New York Virginia (14)/g Ohio Wyoming (16) Oregon Tennessee Washington Note: Reporting by States reflects interpretations by offices of State attorneys general and may differ from previously reported ages. a/See Ark. Code Ann. 9-27-318(c)(2)(Supp. 1999). 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/Montana law specifies that offenders tried under the capital sexual assault statute be 18 or older. Age may be a mitigating factor for other capital crimes. e/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. f/Juveniles may be transferred to adult court. Age can be a mitigating factor. g/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. ------------------------------------------ Characteristics of prisoners under sentence of death at yearend 1999 Thirty-seven States and the Federal prison system held a total of 3,527 prisoners under sentence of death on December 31, 1999, an increase of 62, or 1.8% more than at the end of 1998. The Federal prison system count rose from 19 at yearend 1998 to 20 at yearend 1999. Three States reported 39% of the Nation's death row population: California (553), Texas (460), and Florida (365). Of the 39 jurisdictions with statutes authorizing the death penalty during 1999, New Hampshire had no one under a capital sentence, and Kansas, South Dakota, Colorado, New Mexico, and Wyoming had 4 or fewer. Among the 38 jurisdictions with prisoners under sentence of death at yearend 1999, 19 had more inmates than a year earlier, 11 had fewer inmates, and 8 had the same number. California had an increase of 41, followed by North Carolina (15). Florida had the largest decrease (10). During 1999 the number of black inmates under sentence of death rose by 25; the number of whites increased by 31; and the number of persons of other races rose from 59 to 65. The number of Hispanics sentenced to death rose from 315 to 325 during 1999. Thirty-three Hispanics were received under sentence of death, 14 were removed from death row, and 9 were executed. Three-quarters of the Hispanics were held in 3 States: California (107), Texas (100), and Florida (34). During 1999 the number of women sentenced to be executed increased from 49 to 50. Three women were received under sentence of death and two were removed from death row. Women were under sentence of death in 18 States. More than half of all women on death row at yearend were in California, Texas, Florida, and North Carolina. Women under sentence of death, 12/31/99 State Total* White Black Total 50 29 19 California 11 7 2 Texas 9 6 3 Florida 4 2 2 North Carolina 4 3 1 Oklahoma 3 2 1 Pennsylvania 3 0 3 Illinois 3 0 3 Tennessee 2 2 0 Alabama 2 1 1 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 Louisiana 1 0 1 Nevada 1 0 1 *Total includes other races. Men were 99% (3,477) of all prisoners under sentence of death. Whites comprised 55%; blacks comprised 43%; and other races (1.8%) included 28 American Indians, 24 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 1999 were as follows: Persons under sentence of death, by gender, race, and Hispanic origin, 12/31/99 White Black Other Male 1,919 1,495 63 Hispanic 296 13 12 Female 29 19 2 Hispanic 1 1 2 Among inmates under sentence of death on December 31, 1999, 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; more than a fifth were married at the time of sentencing; and a fifth were divorced, separated, or widowed. Among all inmates under sentence of death for whom date of arrest information was available, about 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. The average age at time of arrest was 28 years. On December 31, 1999, 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 84. Entries and removals of persons under sentence of death Between January 1 and December 31, 1999, 32 State prison systems reported receiving 271 prisoners under sentence of death; the Federal Bureau of Prisons received 1 inmate. Half of the inmates were received in 4 States: Texas (48), California (43), North Carolina (24), and Florida (20). All 272 prisoners who had been received under sentence of death had been convicted of murder. By gender and race, 155 were white men, 103 were black men, 4 were American Indian men, 6 were Asian men, 1 was a self-identified Hispanic male, 2 were white women, and 1 was a black woman. Of the 272 new admissions, 33 were Hispanic men. Twenty-one States reported a total of 88 persons whose sentence of death was overturned or removed. Appeals courts vacated 48 sentences while upholding the convictions and vacated 31 sentences while overturning the convictions. Florida (22 exits) had the largest number of vacated capital sentences. Illinois reported two commutations of death sentences; Alabama, Arkansas, Maryland, Missouri, North Carolina, and Virginia each reported one. Illinois removed one inmate when the Governor granted him a pardon. As of December 31, 1999, 58 of the 88 persons who were formerly under sentence of death were serving a reduced sentence, 17 were awaiting a new trial, 9 were awaiting resentencing, 1 was found not guilty upon retrial, 2 had all capital charges dropped, and 1 had no action taken after being removed from under sentence of death. In addition, 24 persons died while under sentence of death in 1999. Nineteen of these deaths were from natural causes -- 5 in Florida, 4 in Tennessee, 3 in Texas, 2 in Pennsylvania, and 1 each in Ohio, Alabama, Georgia, North Carolina, and Arizona. Two suicides occurred -- 1 each in Alabama and Florida. Two inmates were killed by other inmates -- 1 each in New Jersey and Mississippi. One inmate in Florida died from injuries received during an altercation with a correctional officer. From 1977, the year after the Supreme Court upheld the constitutionality of revised State capital punishment laws, to 1999, a total of 5,985 persons entered prison under sentence of death. During these 23 years, 598 persons were executed, and 2,240 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 removed 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 1999, 2,956 (49%) were white, 2,453 (41%) were black, 483 (8%) were Hispanic, and 93 (2%) were of other races. The distribution by race and Hispanic origin of the 2,240 inmates who were removed from death row between 1977 and 1999 was as follows: 1,156 whites (52%), 922 blacks (41%), 130 Hispanics (6%), and 32 persons of other races (1%). Of the 598 who were executed, 334 (56%) were white, 211 (35%) were black, 43 (7%) were Hispanic, and 10 (2%) were of other races. Criminal history of inmates under sentence of death in 1999 Among inmates under a death sentence on December 31, 1999, for whom criminal history information was available, 64% had past felony convictions, including 8% with at least one previous homicide conviction. Among those for whom legal status at the time of the capital offense was reported, 40% had an active criminal justice status. Less than half of these were on parole, and a quarter 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 (68%) than whites (62%) or Hispanics (58%) had a prior felony conviction. About the same percentage of blacks (9%), whites (8%), and Hispanics (7%) had a prior homicide conviction. A slightly higher percentage of Hispanics (24%) or blacks (19%) than whites (16%) 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 3,448 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, 1988-99 3,448 Executions According to data collected by the Federal Government, from 1930 to 1999, 4,457 persons were executed under civil authority.***Footnote 2: Military authorities carried out an additional 160 execution, 1930-61.*** After the Supreme Court reinstated the death penalty in 1976, 30 States executed 598 prisoners: After the Supreme Court reinstated the death penalty in 1976, 30 States executed 598 prisoners: 1977 1 1990 23 1979 2 1991 14 1981 1 1992 31 1982 2 1993 38 1983 5 1994 31 1984 21 1995 56 1985 18 1996 45 1986 18 1997 74 1987 25 1998 68 1988 11 1999 98 1989 16 During this 23-year period, 6 States executed 406 prisoners: Texas (199), Virginia (73), Florida (44), Missouri (41), Louisiana (25), and South Carolina (24). These States accounted for two-thirds of all executions. Between 1977 and 1999, 331 white non-Hispanic men, 211 black non-Hispanic men, 43 Hispanic men, 5 American Indian men, 5 Asian men, and 3 white non-Hispanic women were executed. During 1999 Texas carried out 35 executions; Virginia executed 14 persons; Missouri, 9; Arizona, 7; Oklahoma, 6; Arkansas, North Carolina, and South Carolina, 4 each; Alabama, California, and Delaware, 2 each; and Florida, Illinois, Indiana, Kentucky, Louisiana, Nevada, Ohio, Pennsylvania, Utah, and Washington, 1 each. The inmate executed in Ohio was the first executed in that State since 1963. All persons executed in 1999 were male. Fifty- three were white; 33 were black; 9 were Hispanic; 1 was American Indian; and 2 were Asian. From 1977 to 1999, 6,365 prisoners were under death sentences for varying lengths of time. The 598 executions accounted for 9% of those at risk. A total of 2,240 prisoners (35% of those at risk) received other dispositions. About the same percentage of whites (11%), blacks (8%), and Hispanics (9%) were executed. Somewhat larger percentages of whites (37%) and blacks (35%) than Hispanics (26%) were removed from under a death sentence by means other than execution. Among prisoners executed from 1977 to 1999, the average time spent between the imposition of the most recent sentence received and execution was nearly 10 years. White prisoners had spent an average of 91/2 years, and black prisoners, 101/2 years. The 98 prisoners executed in 1999 were under sentence of death an average of 11 years and 11 months. For the 598 prisoners executed between 1977 and 1999, the most common method of execution was lethal injection (438). Other methods were electrocution (144), lethal gas (11), hanging (3), and firing squad (2). Executions, 1977-99 Amer- Method of His- ican execution White Black panic Indian Asian Total 334 211 43 5 5 Lethal injection 246 142 41 4 5 Electrocution 75 66 2 1 0 Lethal gas 8 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 1999, the average time spent in prison was 7 years and 7 months, up 3 months from that of 1998. Elapsed time Inmates under since sentencing sentence of death Mean Median Total 91 mo 78 mo Male 92 78 Female 79 75 White 95 83 Black 90 77 Hispanic 80 63 The median time between the imposition of a death sentence and yearend 1999 was 78 months. Overall, the average time for women was 6.6 years, slightly less than that for men (7.7 years). On average, whites, blacks, and Hispanics had spent from 80 to 95 months under a sentence of death. --------------------------- Advance count of executions: January 1, 2000 - December 1, 2000 To provide the latest data on capital punishment, BJS initiated an ongoing collection effort in 1997 that gathers information following each execution. The data include the date of execution, the jurisdiction, the method used, and the name, race, and gender of each person executed. Between January 1 and December 1, 14 States had executed 79 prisoners, a 19% decrease from the 98 executed in 1999. Texas had carried out 37, 47% of the executions in 2000. This matches the number of executions in Texas in 1997 and represents the most executions in a single state in any year since the Federal Government began tracking executions on an annual basis. Tennessee carried out its first execution since 1960. Lethal injection accounted for 74 of the executions, and 5 were carried out by electrocution. Forty-four of those executed were white, 34 black, and 1 American Indian. Two women were executed (1 each in Texas and Arkansas). Final counts for all of 2000 will appear in Capital Punishment 2000, a BJS Bulletin, released in late 2001. This annual report will comprise data collected from State and Federal departments of correction. The report will cover all persons under sentence of death on December 31, 2000, as well as those received from court and removed from under sentence of death. Number of State executions Method used Texas 37 Lethal injection Oklahoma 11 Lethal injection Virginia 7 Lethal injection* Florida 5 Lethal injection Missouri 5 Lethal injection Alabama 4 Electrocution Arizona 3 Lethal injection Arkansas 1 Lethal injection Delaware 1 Lethal injection Louisiana 1 Lethal injection North Carolina 1 Lethal injection South Carolina 1 Lethal injection Tennessee 1 Lethal injection California 1 Lethal injection Total 79 *Virginia executed 1 person by electrocution. ----------------------------- 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. 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 Todd D. Minton provided assistance and statistical review. Tina Dorsey edited the report. Jayne Robinson prepared the report for final printing. At the U.S. Census Bureau, Patricia A. Clark collected the data under the supervision of Gertrude B. Odom and Marilyn M. Monahan. December 2000, NCJ 184795 Data will be available from the National Archive of Criminal Justice Data at the University of Michigan, 1-800-999-0960. The data sets are archived as Capital Punishment, 1973-99. 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/ Key Facts at a Glance -- Trends in Capital Punishment, charts and supporting data in tables on Executions, 1930-00; Persons under Sentence of Death, 1954-99; and Persons under Sentence of Death by Race, 1968-99: http://www.ojp.usdoj.gov/bjs/glance. htm#cptrends Prisoners executed under civil authority in the United States, by year, Federal, State-by-State, and region, 1977-1999: http://www.ojp.usdoj.gov/bjs/ dtdata.htm#exe End of file 12/07/00 ih