By Thomas P. Bonczar andTracy L. Snell

BJS Statisticians

Twelve States executed 59 prisonersduring 2004. The number executedwas 6 fewer than in 2003. Thoseexecuted during 2004 had been undersentence of death an average of 11years, or 1 month longer than theperiod for inmates executed in 2003.

At yearend 2004, 3,314 prisoners wereunder sentence of death. Californiaheld the largest number on death row(637), followed by Texas (446), Florida(364), and Pennsylvania (222). Thirty-three people were under a Federaldeath sentence.

During 2004, 29 States and theFederal prison system received 125prisoners under sentence of death.Texas (23 admissions), California (11),the Federal prison system (10), Florida(9), Alabama (7), and Louisiana (6)accounted for more than half of thosesentenced in 2004 (53%).

In 2004, 59 men were executed,including 36 whites, 19 blacks, 3Hispanics (all white), and 1 Asian. Fifty-eight were carried out by lethal injec-tion; one by electrocution.

From January 1, 1977, to December31, 2004, 944 inmates were executedby 32 States and the Federal Bureau ofPrisons. Two-thirds of the executionsoccurred in 5 States: Texas (336),Virginia (94), Oklahoma (75), Missouri(61), and Florida (59).

• At yearend 2004, 36 States and theFederal prison system held 3,314prisoners under sentence of death, 63 fewer than at yearend 2003.

• Of those under sentence of death,56% were white, 42% were black, and2% were of other races.Persons under sentence of death

1994 2004

White 1,665 1,850Black 1,216 1,390American Indian 26 28Asian 17 32Unknown race 10 14

• The 367 Hispanic inmates undersentence of death accounted for 13%of inmates with a known ethnicity.

• Fifty-two women were undersentence of death in 2004, up from 43 in 1994. *For 2005 data on executions, see page 11.

• The 125 inmates received undersentence of death during 2004 repre-sent the smallest number of admis-sions since 1973.

• The number of executions de-creased to 59 during 2004, the lowest number since 1996 (45).

• Of the 7,187 people under sentenceof death between 1977 and 2004, 13% were executed, 4% died bycauses other than execution, and 37% received other dispositions.

• The number of States authorizinglethal injection increased from 27 in1994 to 37 in 2004. In 2004, 98% ofexecutions were by lethal injection,compared to 74% in 1994.

• Since 1977, 776 of the 944 execu-tions (82%) were by lethal injection.

Highlights

3,314Total59Total

49624 other jurisdictionsWisconsin83NevadaWest Virginia87Louisiana1MarylandVermont91Oklahoma1ArkansasRhode Island99Tennessee2NevadaNorth Dakota105Arizona2GeorgiaMinnesota109Georgia2FloridaMichigan181North Carolina2AlabamaMassachusetts193Alabama4South CarolinaMaine201Ohio4North CarolinaIowa222Pennsylvania5VirginiaHawaii364Florida6OklahomaDistrict of Columbia446Texas7OhioAlaska637California23Texas

Jurisdictions withouta death penalty

Number of prisoners under sentence of deathExecutions during 2004*

Status of death penalty, December 31, 2004

U.S. Department of JusticeOffice of Justice Programs

Bureau of Justice Statistics

Bulletin

Capital Punishment, 2004 November 2005, NCJ 211349

Capital punishment laws

At yearend 2004 the death penalty wasauthorized by 38 States (table 1) andthe Federal Government. No Stateenacted new legislation authorizingcapital punishment in 2004.

The New Jersey Supreme Court ruledon February 3, 2004, that aggravatingfactors are elements of a capitalmurder under State statute and must,therefore, be submitted to the grandjury and returned in an indictment(State v. Fortin, 843 A.2d 974 (2004)).

The New York Court of Appealsoverturned a portion of that State'scriminal procedure on June 24, 2004.The decision in People v. LaValle (3NY3d 88, 783 NYS2d 485 (Ct of Apps.2004)) found that the requirement thatjurors in the penalty phase of a capitaltrial be told that a deadlock will allowthe defendant to be eligible for paroleviolated the heightened standard ofreliability in sentencing required by theNew York State Constitution.

The Kansas Supreme Court struck aportion of that State's capital statute onDecember 17, 2004 (State v. MichaelLee Marsh II, Case No. 81, 135). Thestatute states that when the existenceof aggravating circumstances is notoutweighed by any mitigating circum-stances a death sentence should beimposed (K.S.A. 21-4624(e)). Thecourt ruled that this was unconstitu-tional under the Eighth and FourteenthAmendments.

2 Capital Punishment, 2004

Alabama. Intentional murder with 18 aggravating factors (Ala. Stat. Ann.13A-5-40(a)(1)-(18)).

Arizona*. First-degree murder accompaniedby at least 1 of 10 aggravating factors (A.R.S.§ 13-703(F)).

Arkansas*. Capital murder (Ark. Code Ann.5-10-101) with a finding of at least 1 of 10aggravating circumstances; treason.

California*. First-degree murder with specialcircumstances; train wrecking; treason; perjurycausing execution.

Colorado*. First-degree murder with at least1 of 17 aggravating factors; treason.

Connecticut*. Capital felony with 8 forms ofaggravated homicide (C.G.S. 53a-54b).

Delaware*. First-degree murder with aggravating circumstances.

Florida*. First-degree murder; felony murder;capital drug trafficking; capital sexual battery.

Georgia*. Murder; kidnaping with bodily injuryor ransom when the victim dies; aircraft hijacking; treason.

Idaho*. First-degree murder with aggravatingfactors; aggravated kidnaping; perjury resultingin death.

Illinois*. First-degree murder with 1 of 21aggravating circumstances.

Indiana*. Murder with 16 aggravating circum-stances (IC 35-50-2-9).

Kansas*. Capital murder with 8 aggravatingcircumstances (KSA 21-3439).

Kentucky*. Murder with aggravating factors;kidnaping with aggravating factors (KRS532.025).

Louisiana*. First-degree murder; aggravatedrape of victim under age 12; treason (La. R.S.14:30, 14:42, and 14:113).

Maryland*. First-degree murder, eitherpremeditated or during the commission of afelony, provided that certain death eligibilityrequirements are satisfied.

Mississippi. Capital murder (97-3-19(2)MCA); aircraft piracy (97-25-55(1) MCA).

Missouri*. First-degree murder (565.020RSMO 2000).

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 findingof at least 1 statutorily-defined aggravatingcircumstance.

Nevada*. First-degree murder with at least 1of 15 aggravating circumstances (NRS200.030, 200.033, 200.035).

New Hampshire. Six categories of capitalmurder (RSA 630:1, RSA 630:5).

New Jersey. Murder by one's own conduct,by solicitation, committed in furtherance of anarcotics conspiracy, or during commission ofa crime of terrorism (NJSA 2C:11-3c).

New Mexico*. First-degree murder with atleast 1 of 7 statutorily-defined aggravatingcircumstances (Section 30-2-1 A, NMSA).

New York*. First-degree murder with 1 of 13aggravating factors (NY Penal Law §125.27).

North Carolina*. First-degree murder (NCGS§14-17).

Ohio. Aggravated murder with at least 1 of 10aggravating circumstances (O.R.C. secs.2903.01, 2929.02, and 2929.04).

Oklahoma. First-degree murder in conjunc-tion with a finding of at least 1 of 8 statutorilydefined aggravating circumstances.

Oregon. Aggravated murder (ORS 163.095).

Pennsylvania. First-degree murder with 18aggravating circumstances.

South Carolina*. Murder with 1 of 11 aggra-vating circumstances (§ 16-3-20(C)(a)).

South Dakota*. First-degree murder with 1 of 10 aggravating circumstances; aggravatedkidnaping.

Tennessee*. First-degree murder with 1 of 15aggravating circumstances (Tenn. Code Ann.§ 39-13-204).

Texas. Criminal homicide with 1 of 8 aggra-vating circumstances (TX Penal Code 19.03).

Utah*. Aggravated murder (76-5-202, UtahCode Annotated).

Virginia*. First-degree murder with 1 of 13aggravating circumstances (VA Code § 18.2-31).

Washington*. Aggravated first-degreemurder.

Wyoming. First-degree murder.

Table 1. Capital offenses, by State, 2004

*As of December 31, 2004, 26 States excluded mentally retarded persons from capital sentencing:Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois,Indiana, Kansas, Kentucky, Louisiana, Maryland, Missouri, Nebraska, Nevada, New Mexico, NewYork, North Carolina, South Dakota, Tennessee, Utah, Virginia, and Washington. Mental retarda-tion is a mitigating factor in South Carolina.

Statutory changes

During 2004, four States revised statu-tory provisions relating to the deathpenalty. By State, the changes were asfollows:

California — Added to its penal code anew section which defines mentallyretarded and procedures for determin-ing whether a defendant is mentallyretarded (Cal. Penal Code, Section1376). The statute exempts impositionof a death sentence on any defendantfound to be mentally retarded andbecame effective January 1, 2004. South Dakota — Enacted a law creat-ing a minimum age of 18 for which adeath sentence may be imposed(SDCL 23A-27A-42), effective July 1,2004.

Utah — Repealed the use of a firingsquad as a method of execution for allpersons sentenced to death on or afterMay 3, 2004 (Utah Code Ann.§77-18-5.5). The law allows for use ofa firing squad for those sentenced priorto that date or in the event that lethalinjection is found to be unconstitutional.

Wyoming — Revised the capital statuteto increase the minimum age of eligibil-ity for a death sentence from 16 to 18years at the time the murder wascommitted (W.S. 6-2-101(b)), effective7/1/2004.

Automatic review

Of the 38 States with capital statutes atyearend, 37 provided for review of alldeath sentences regardless of thedefendant's wishes. In South Carolinathe defendant had the right to waivesentence review if he or she wasdeemed competent by the court (Statev. Torrence, 473 S.E. 3d 703 (S.C.1996)). Federal death penalty proce-dures did not provide for automaticreview after a sentence of death hadbeen imposed.

The State's highest appellate courtusually conducted the review. If eitherthe conviction or sentence wasvacated, the case could be remandedto the trial court for additional proceed-ings or retrial. As a result of retrial orresentencing, a death sentence couldbe reimposed.

While most of the 37 States authorizedautomatic review of both the convictionand sentence, Idaho, Montana,Oklahoma, South Dakota, and Tennes-see required review of the sentenceonly. In Idaho review of the convictionhad to be filed through appeal orforfeited. In Indiana and Kentucky adefendant could waive review of theconviction.

In Virginia a defendant could waive anappeal of trial court error but could notwaive review of the death sentence forarbitrariness and proportionality.

In Mississippi the question of whetherthe defendant could waive the right toautomatic review had not beenaddressed. In Wyoming neither statutenor case law precluded a waiver ofappeal.

Arkansas implemented a rule requiringreview of specific issues relating toboth capital convictions and sentences(Ark. R. App. P. — Crim 10). Recentcase law held waivers of this revieware not permitted (Newman v. State,No. CR02-811, 2002 Westlaw31030906 (Ark. Sept. 12, 2002)).

Capital Punishment, 2004 3

Figure 1

0

500

1,000

1,500

2,000

2,500

3,000

In 1972 the Supreme Courtruled unconstitutional thedeath penalty as thenadministered.

In 1976 the Courtupheld revised Statecapital punishment laws.

Persons under sentence of death, 1954-2004

1954 1960 1970 1980 1990 20042000

3,314

Method of execution

As of December 31, 2004, lethal injec-tion was the predominant method ofexecution (37 States) (table 2).

Nine States authorized electrocution;four States, lethal gas; three States,hanging; and three States, firing squad.

Seventeen States authorized morethan 1 method — lethal injection andan alternative method — generally atthe election of the condemnedprisoner; however, 5 of these 17 stipu-lated which method must be used

depending on the date of sentencing; 1 authorized hanging only if lethalinjection could not be given; and iflethal injection is ever ruled to beunconstitutional, 1 authorized lethalgas, 1 authorized electrocution or firingsquad, and 1 authorized firing squad.

The method of execution of Federalprisoners is lethal injection, pursuant to28 CFR, Part 26. For offenses underthe Violent Crime Control and LawEnforcement Act of 1994, the methodis that of the State in which the convic-tion took place (18 U.S.C. 3596).

Minimum age

In 2004 six jurisdictions did not specifya minimum age for which the deathpenalty could be imposed (table 3). In some States the minimum age wasset forth in the statutory provisions thatdetermine the age at which a juvenilemay be transferred to adult court fortrial as an adult. Eighteen States and the Federal system required aminimum age of 18. Fourteen Statesindicated an age of eligibility between14 and 17.

4 Capital Punishment, 2004

eAuthorizes lethal gas if lethal injec-tion is held to be unconstitutional.fAuthorizes electrocution if lethalinjection is held to be unconstitu-tional, and firing squad if both lethalinjection and electrocution are held tobe unconstitutional.gAuthorizes lethal injection for thosewhose capital offense occurred on orafter 6/13/86; those who committedthe offense before that date mayselect lethal injection or hanging.hAuthorizes lethal injection for thosewhose capital offense occurred after12/31/98; those who committed theoffense before that date may selectelectrocution. iAuthorizes hanging only if lethalinjection cannot be given.jAuthorizes firing squad if lethal injec-tion is held unconstitutional.

aAuthorizes 2 methods of execu-tion. bAuthorizes lethal injection forpersons sentenced after11/15/92; the condemnedsentenced before that date mayselect lethal injection or gas.cAuthorizes lethal injection forthose whose capital offenseoccurred on or after 7/4/83; thecondemned whose offenseoccurred before that date mayselect lethal injection or electro-cution. dAuthorizes lethal injection forpersons sentenced on or after3/31/98; the condemned sen-tenced before that date mayselect lethal injection orelectrocution.

MontanaWyomingaMissouriaWashingtonaMississippiVirginiaaMaryland

UtahjWashingtonaUtaha LouisianaOklahomafNew Hampshirea,iTexasKentuckya,dIdahoaDelawarea,gTennesseea,hKansas

Firing squadHangingSouth DakotaIndianaSouth CarolinaaIllinoisPennsylvaniaIdahoa

VirginiaaOregonGeorgiaTennesseea,hOklahomaaFloridaaSouth CarolinaaOhioDelawarea,gOklahomafNorth CarolinaConnecticutNebraskaNew YorkColorado

Wyominga,eKentuckya,dNew MexicoCaliforniaaMissouriaFloridaaNew JerseyArkansasa,cCaliforniaaArkansasa,cNew HampshireaArizonaa,bArizonaa,bAlabamaaNevadaAlabamaa

Lethal gasElectrocutionLethal injection

Table 2. Method of execution, by State, 2004

eThe minimum age defined bystatute is 13, but the effective age is 16 based on interpretation ofU.S. Supreme Court decisions bythe Mississippi Supreme Court.fThe minimum age for transfer toadult court by statute is 14, but theeffective age is 16 based on inter-pretation of U.S. Supreme Courtdecisions by the State attorneygeneral's office.gThe minimum age defined bystatute is 16, but the effective ageis 18 based on interpretation of the8th Amendment of the U.S. Consti-tution by the Missouri SupremeCourt.

Note: Reporting by States reflectsinterpretations by State attorneygenerals’ offices and may differfrom previously reported ages. aSee Ark. Code Ann.9-27-318(c)(2)(Supp. 2001).bSee Conn. Gen. Stat.53a-46a(g)(1). cAge required is 17 unless themurderer was incarcerated formurder when a subsequentmurder occurred; then the agemay be 14.dMontana law specifies thatoffenders tried under the capitalsexual assault statute be 18 orolder. Age may be a mitigatingfactor for other capital crimes.

WyomingWashingtonSouth DakotaTennesseeOregonOhioNew YorkNew MexicoNew JerseyNebraskaMissourigVirginia (14)fMarylandUtah (14)fKansasOklahoma (16)

South CarolinaIndianaNevada (16)PennsylvaniaIllinoisTexas Mississippi (16)eMontanadFederal systemNorth CarolinacKentucky (16)LouisianaConnecticutbNew HampshireDelaware (16)IdahoColoradoGeorgiaArkansas (14)aArizonaCaliforniaFloridaAlabama (16)

specifiedAge 18Age 17Age 16 or lessNone

Table 3. Minimum age authorized for capital punishment, 2004

Capital Punishment, 2004 5

dExcludes persons held under Armed Forcesjurisdiction with a military death sentence formurder.eOne inmate who was previously in the custodyof Oklahoma has been transferred to Tennes-see where he is under a separate sentence ofdeath.fRace has been changed from white to black for1 inmate.

aIncludes 19 deaths from natural causes (4 eachin Ohio and California; 3 in Florida, 2 in Texas,and 1 each in Alabama, Kentucky, Louisiana,North Carolina, Oklahoma, and Idaho); and 3deaths from suicide (1 each in Virginia, Texas,and Montana). bTotals include persons of races other than whiteand black.cThe reporting of race and Hispanic origin differsfrom that presented in tables 8 and 10. In thistable white and black inmates include Hispanics.

Note: Some figures shown for yearend 2003are revised from those reported in CapitalPunishment, 2003, NCJ 206627. The revisedfigures include 15 inmates who were eitherreported late to the National Prisoner Statisticsprogram or were not in custody of State correc-tional authorities on 12/31/03 (3 each in Missis-sippi, California, and Idaho; 2 in Texas; and 1each in Ohio, Alabama, Tennessee, andArizona) and exclude 12 inmates who wererelieved of a death sentence before 12/31/03 (4 in Indiana; 2 in California; and 1 each inPennsylvania, Ohio, Georgia, Kentucky, NorthCarolina, and Texas).

022000000011011 Wyoming55100000000005510 Washington27100000000002710 Utah2273000000011212628 Oregon022000000000022 New Mexico

334983022000101325184 Nevadaf034000011000045 Montana0222200001101102222 Idaho213000000000213 Colorado

2323796370001343811230374630 California10891050004182304414103124 Arizona

2865869080225232951520286596919 West

131023145011202121527 Virginia17726444612112362891423186263454 Texas395899000112123395798 Tennesseee363571044011325333871 South Carolina3847911461792353855101 Oklahomae

102721811341121313411374194 North Carolina363370000101202353369 Mississippi6390112021017411 Maryland

563087000516246592787 Louisiana7273400001101172734 Kentucky

52561090222021235356110 Georgia125239364112437459126238364 Florida

4131700010111241216 Delaware221739101022022231740 Arkansas9210119302222534791101193 Alabama

8051,0051,8331732503623613243758261,0171,869 South

044000000000044 South Dakota10197201257336325103103209 Ohio

178000000011167 Nebraska252752000022022252752 Missouri000000257011246 Kansas6212700022400082331 Indiana156000000134022 Illinois

134161298257712194913139169311 Midwest

13477222000931241513979229 Pennsylvania112000123000235 New York74110000441016814 New Jersey000000000000000 New Hampshire347000011011347 Connecticut

1458624200010102052715094255 Northeast

1,3701,8383,281193959586812946691151,4011,8763,354 State201233000000461016623 Federald

1,3901,8503,314193959586812950751251,4171,8823,377 U.S. total

Black WhiteTotalb Black WhiteTotalb Black WhiteTotalb Black White Totalb Blackc Whitec Totalband Stateof death, 12/31/04Executed(excluding executions)asentence of deathof death, 12/31/03Region under sentencedeath rowReceived underPrisoners under sentencePrisonersRemoved from

Table 4. Prisoners under sentence of death, by region, State, and race, 2003 and 2004

Characteristics of prisoners undersentence of death at yearend 2004

Thirty-six States and the Federal prisonsystem held a total of 3,314 prisonersunder sentence of death on December31, 2004, a decrease of 63 since theend of 2003 (table 4). This was thefourth consecutive year that thenumber of prisoners under a sentenceof death declined, down from 3,601 onDecember 31, 2000. Three States reported 44% of theNation’s death row population: Califor-nia (637), Texas (446), and Florida(364). The Federal Bureau of Prisonsheld 33 inmates at yearend. Of the 39jurisdictions authorizing the deathpenalty during 2004, New Hampshireand Kansas had no one under a capitalsentence, and New York, SouthDakota, Colorado, Montana, NewMexico, and Wyoming had 4 or fewer.

Among the 37 jurisdictions with prison-ers under sentence of death at yearend2004, 9 had more inmates than a yearearlier, 15 had fewer inmates, and 13had the same number. The largestincrease occurred in the FederalBureau of Prisons (10), followed byCalifornia (7), Illinois (4), and Oregon(2). The largest decreases were inArizona (19), North Carolina (13), andOklahoma (10).

During 2004 the number of white andblack inmates under sentence of deathdeclined (by 32 and 27, respectively).The number of persons of other races(including American Indians, Asians,and self-identified Hispanics)decreased from 78 to 74.

Men made up 98% (3,262) of allprisoners under sentence of death(table 5). Whites accounted for 56%;blacks accounted for 42%; and otherraces (2%) included 28 AmericanIndians, 32 Asians, and 14 personswhose race was unknown. Amongthose for whom ethnicity was known,13% were Hispanic.

6 Capital Punishment, 2004

Figure 2

Persons under sentence of death, by race, 1968-2004

*At yearend 2003, other races consisted of 29 American Indians, 35 Asians, and 14 self-identifiedHispanics. During 2004, 2 Asians and 1 American Indian were removed; and 1 Asian wasexecuted.

825334Marital status1932480Education2420413Hispanic origin

RemovalsAdmissionsYearend

Note: Calculations are based on those cases for which data were reported. Detail may not add tototal due to rounding. Missing data by category were as follows:

49.457.054.4Never married3.96.02.9Widowed

22.822.020.6Divorced/separated%23.9%15.0%22.1Married

Marital status

11th11th11thMedian8.98.69.2Any college

37.333.338.5High school graduate/GED37.344.137.29th-11th grade

%16.6%14.0%15.18th grade or lessEducation

91.584.887.3Non-Hispanic%8.5%15.2%12.7Hispanic

Hispanic origin

2.102.2All other races*41.040.041.9Black

%56.9%60.0%55.8WhiteRace

04.01.6Female%100%96.0%98.4Male

Gender

1881253,314Total number under sentence of death

RemovalsAdmissionsYearendCharacteristicPrisoners under sentence of death, 2004

Table 5. Demographic characteristics of prisoners under sentence of death, 2004

1968 1978 1988 19980

500

1,000

1,500

2,000

Number under sentence of death

2004

White

Black

All other races

on December 31

1,850

1,390

74

During 2004 the number of womensentenced to be executed increasedfrom 47 to 52 (table 6). Five womenwere received under sentence ofdeath; none was removed from deathrow. Women were under sentence ofdeath in 19 States. More than 6 in 10women on death row at yearend werebeing held in four States: California,Texas, Pennsylvania, and NorthCarolina.

The number of Hispanics undersentence of death rose from 365 to367 during 2004. Sixteen Hispanicswere received under sentence ofdeath, 11 were removed from deathrow, and 3 were executed. More thanthree-quarters of the Hispanics wereheld in 3 States: California (131),Texas (124), and Florida (31).

The gender, race, and Hispanic originof those under sentence of death atyearend 2004 were as follows:

Among all inmates under sentence ofdeath for whom date of arrest wasavailable, about half were age 20 to 29at the time of arrest for their capitaloffense; 13% were age 19 or younger;and less than 1% were age 55 or older(table 7). The average age at time ofarrest was 28 years.

Capital Punishment, 2004 7

aThe count of Hispanics under sentence of death at yearend 2003 has been revised.bIncludes 3 Hispanic men in Texas who were executed in 2004. No women were removedfrom under sentence of death in 2004.

1000010Virginia0200002Utah91243168121Texas2100021Tennessee522100523Pennsylvania0200002Oregon1321005Oklahoma1500015Ohio

4310044North Carolina0010001New York0100001New Mexico1700017Nevada0200101Nebraska1000010Mississippi1100011Louisiana

1100011Kentucky1100011Indiana0200200Illinois1000010Idaho1300112Georgia131102130Florida1201002Delaware

0100001Connecticut0100001Colorado

1513101214129California0010001Arkansas218412120Arizona3100031Alabama0200002Federal system

523671451647365U.S. total

WomenHispanicsHispanicsWomenHispanicsWomenHispanicsJurisdictionof death, 12/31/04removedbsentence of deathof death, 12/31/03aUnder sentencesentenceReceived underUnder sentence

Death

Table 6. Hispanics and women under sentence of death,by State, 2003 and 2004

*Includes races other than white and black.

101Nevada101Louisiana101Indiana011Idaho011Virginia011Oklahoma011Mississippi011Kentucky011Georgia

011Florida011Delaware011Ohio022Arizona022Tennessee213Alabama124North Carolina325Pennsylvania549Texas21115California

163352Total

BlackWhiteAll races*Stateof death, 12/31/04Women under sentence

203 Hispanic31633Female

1613333 Hispanic 711,3741,817Male

Other racesBlackWhite

Persons under sentence of death, 12/31/04

Note: The youngest person under sentence of death was a white male in Texas, born in February 1986 and sentenced to death in August 2004. The oldest person under sentence of death was a white male in Arizona, born in September 1915 and sentenced to death in June 1983.--Less than 0.05%.*Excludes 257 inmates for whom the date of arrest for capital offense was not available.

40 yrs.27 yrs. Median age

41 yrs.28 yrs. Mean age

1.3440.1265 or older2.5820.1460-646.62190.51555-598.82921.34050-54

14.94942.98945-4918.26035.817840-4417.758810.632335-3916.153216.650630-3411.036422.167525-292.99527.082420-24-- 111.133818-19

02.16317 or younger

%1003,314%1003,057sentence of death on 12/31/04Total number under

PercentNumberPercentNumber*AgeOn December 31, 2004At time of arrest

Prisoners under sentence of death

Table 7. Age at time of arrest for capital offense and age of prisoners under sentence of death at yearend 2004

On December 31, 2004, 34% of allinmates were age 30 to 39, and 63%were age 25 to 44. The youngestoffender under sentence of death was18; the oldest was 89.

Criminal history of inmates undersentence of death in 2004

Among inmates under a deathsentence on December 31, 2004, forwhom criminal history information wasavailable, 64% had prior felony convic-tions, including 8% with at least oneprevious homicide conviction (table 8).

Among those for whom legal status atthe time of the capital offense wasavailable, 40% had an active criminaljustice status. Less than half of thesewere on parole and a quarter were onprobation. The remaining third hadcharges pending, were incarcerated,had escaped from incarceration, or had some other criminal justice status.

Criminal history patterns differed byrace and Hispanic origin. More blacks(70%) than whites (62%) or Hispanics(59%) had a prior felony conviction.About the same percentage of whites,blacks, and Hispanics had a priorhomicide conviction (8%). A slightlyhigher percentage of Hispanics (22%)or blacks (17%) than whites (14%)were on parole when arrested for theircapital offense.

Since 1988 data have been collectedon the number of death sentencesimposed on entering inmates. Amongthe 4,283 individuals received undersentence of death during that time, 1 in7 entered with 2 or more deathsentences.

Entries and removals of personsunder sentence of death

Between January 1 and December 31,2004, 29 State prison systems and theFederal Bureau of Prisons reportedreceiving 125 inmates under sentenceof death. More than half of the inmateswere received in 6 jurisdictions: Texas(23), California (11), the Federalsystem (10), Florida (9), Alabama (7)and Louisiana (6).

All 125 prisoners who were receivedunder sentence of death had beenconvicted of murder; 5 were female. Byrace, 75 were white and 50 were black.Of the 125 new admissions, 16 wereHispanic.

The 125 admissions to death row in2004 marked a decline of 27 from the152 admissions recorded in 2003, andrepresented the smallest numberreceived in a year since 44 personswere admitted in 1973. The 10 personswho entered the Federal prison systemin 2004 was twice the previous largestnumber of annual admissions to theFederal system since 1973 (5 in 1993and in 2002).

Twenty-two States reported 107persons whose death sentences wereremoved or overturned. Appeals courtsvacated 72 sentences while upholdingthe convictions and vacated 25sentences while overturning theconvictions. Arizona (23 exits) had thelargest number of vacated sentences.Four States reported 4 commutationsof a death sentence, including Indiana,Georgia, Oklahoma, and Texas (oneeach). Six inmates had their deathsentence declared unconstitutional bythe Kansas Supreme Court.

8 Capital Punishment, 2004

aPercentages are based on those offenders for whom data were reported. Detail may not add to total because of rounding.bIncludes American Indians and Asians.cExcludes persons of Hispanic origin.

334Not reported57.858.362.260.11937178481,792None0.30.60.40.517615Other status2.13.14.03.473854101Incarcerated1.81.01.81.56122544On escape

21.916.913.916.173208190479Parole10.812.19.110.636149124315Probation

%5.4%8.0%8.5%7.91899116234Charges pendingof capital offenseLegal status at time

62Not reported93.191.591.791.83371,2321,3652,984No

%6.9%8.5%8.3%8.225115123268YesconvictionsPrior homicide

266Not reported41.330.438.435.61403835361,084No

%58.7%69.6%61.6%64.41998768601,964YesconvictionsPrior felony

%100%100%100%1003671,3771,5143,314 U.S. total

HispanicBlackcWhitecAllbHispanicBlackcWhitecAllbunder sentence of deathaunder sentence of deathPercent of prisonersNumber of prisoners

Table 8. Criminal history profile of prisoners under sentence of death, by race and Hispanic origin, 2004

4,283Number admitted undersentence of death, 1988-2004

43 or more102861

%100 TotalInmates

Number of death sentencesreceived

12520041522003169200216620012352000282199930619982821997322199632719953271994

Inmates received undersentence of deathYear

As of December 31, 2004, 57 of 107persons who were formerly undersentence of death were serving areduced sentence, 20 were awaiting anew trial, 23 were awaiting resentenc-ing, 1 had all capital charges dropped,and 6 had no action taken after beingremoved from under sentence ofdeath.

In addition, 22 persons died whileunder sentence of death in 2004.Nineteen of these deaths were fromnatural causes ⎯ 4 each in Ohio andCalifornia; 3 in Florida; 2 in Texas ; and1 each in Alabama, Kentucky, Louisi-ana, North Carolina, Oklahoma, andIdaho. Three deaths were suicides ⎯one each in Texas, Virginia, andMontana.

From 1977, the year after the SupremeCourt upheld the constitutionality ofrevised State capital punishment laws,to 2004, a total of 6,807 personsentered prison under sentence ofdeath. During these 28 years, 944persons were executed, and 2,929were removed from under a deathsentence by appellate court decisionsand reviews, commutations, or death.1

Among individuals who received adeath sentence between 1977 and2004, 3,331 (49%) were white, 2,773(41%) were black, 593 (9%) wereHispanic, and 110 (2%) were otherraces. The distribution by race andHispanic origin of the 3,873 inmateswho were removed from death rowbetween 1977 and 2004 was asfollows: 2,002 whites (52%), 1,576blacks (41%), 241 Hispanics (6%), and54 persons of other races (1%). Of the944 who were executed, 546 (58%)were white, 320 (34%) were black, 64(7%) were Hispanic, and 14 (1%) wereof other races.

Executions

According to data collected by theFederal Government, from 1930 to2004, 4,803 persons were executedunder civil authority (table 9).2

Capital Punishment, 2004 9

Figure 3

Admissions to and removals from a sentence of death, 1977-2004

1977 1981 1985 1989 1993 1997 20010

100

200

300

Number of inmates

Removals

Admissions

2004

1An individual may have been received andremoved from under sentence of death morethan once. Data are based on the most recentsentence.

01South Dakota01New Hampshire04Vermont14Idaho37Nebraska18Wyoming28Montana 19New Mexico 015Kansas018Iowa 619Utah021Connecticut221Oregon

1325Delaware027Massachusetts336Federal system040West Virginia040District of Columbia

1140Nevada148Colorado451Washington

1152Indiana2260Arizona472Maryland074New Jersey194Tennessee

12102Illinois2105Kentucky

61123Missouri75135Oklahoma26144Arkansas3155Pennsylvania6160Mississippi

27160Louisiana30165Alabama94186Virginia15187Ohio32194South Carolina59229Florida34297North Carolina10302California0329New York

36402Georgia336633Texas

9444,803 U.S. total

Since 1977Since 1930State Number executed

Table 9. Number of persons executed, by jurisdiction, 1930-2004

2Military authorities carried out an additional 160 executions between 1930 and 1961.

After the Supreme Court reinstated thedeath penalty in 1976, 32 States andthe Federal Government executed 944prisoners:

During this 28-year period, 5 Statesexecuted 625 prisoners: Texas (336),Virginia (94), Oklahoma (75), Missouri(61), and Florida (59). These Statesaccounted for two-thirds of all execu-tions. Between 1977 and 2004, 537white non-Hispanic men, 319 blacknon-Hispanic men, 64 Hispanic men, 8 American Indian men, 6 Asian men,9 white non-Hispanic women, and 1 black non-Hispanic woman wereexecuted.

During 2004 Texas carried out 23executions; Ohio executed 7 persons;Oklahoma, 6 persons; Virginia, 5;North Carolina and South Carolina, 4each; Alabama, Florida, Georgia, andNevada, 2 each; and Arkansas andMaryland, 1 each. All 59 of the inmatesexecuted in 2004 were male. Thirty-sixwere white; 19 were black; 3 wereHispanic; and 1 was Asian.

From 1977 to 2004, 7,187 prisonerswere under death sentences forvarying lengths of time (table 10). The944 executions accounted for 13% ofthose at risk. A total of 2,929 prisoners(41% of those at risk) were removed bymeans other than execution. A higherpercentage of whites (16%) wereexecuted as compared with bothblacks (11%) and Hispanics (11%).Somewhat larger percentages ofblacks (43%) and whites (41%) thanHispanics (29%) were removed fromunder a death sentence by meansother than execution.

10 Capital Punishment, 2004

Figure 4

5920041419916520032319907120021619896620011119888520002519879819991819866819981819857419972119844519965198356199521982311994119813819932197931199211977

aIncludes persons removed from a sentence of death because of statutes struck down on appeal, sentences or convictions vacated, commutations, or death by other than execution.bIncludes 7 persons sentenced to death prior to 1977 who were still under sentence of death on 12/31/04; 373 persons sentenced to death prior to 1977 whose death sentence was removed between 1977 and 12/31/04; and 6,807 persons sentenced to death between 1977 and 12/31/04.cExcludes persons of Hispanic origin.dIncludes American Indians and Asians.

36.44012.714110All other racesd29.117710.564608Hispanic42.51,25610.83202,953Blackc41.4%1,45615.5%5463,516Whitec

40.8%2,92913.1%9447,187 Total

Percent of total

Number

Percent of totalNumber

sentence ofdeath, 1977-2004bRace/Hispanic origin

other dispositionsaPrisoners executed Total underPrisoners who received

Table 10. Executions and other dispositions of inmates sentenced to death,by race and Hispanic origin, 1977-2004

Persons executed, 1930-2004

1930 1940 1950 1960 1970 1980 1990 2000

0

20

40

60

80

100

120

140

160

180

200

2004

59

Among prisoners executed from 1977to 2004, the average time between theimposition of the most recent sentencereceived and execution was more than10 years (table 11). White prisonershad spent an average of 10 years and1 month, and black prisoners, 10 yearsand 9 months. The 59 prisonersexecuted in 2004 were under sentenceof death an average of 11 years.

For the 944 prisoners executedbetween 1977 and 2004, the mostcommon method of execution waslethal injection (776). Other methodsused included electrocution (152),lethal gas (11), hanging (3), and firingsquad (2).

00002Firing squad00003Hanging00038Lethal gas0126980Electrocution6762248453 injection

Lethal

6864320546Total

AsianIndianpanicBlackWhiteexecutionicanHis-Method ofAmer-

Executions, 1977-2004

Among prisoners under sentence ofdeath at yearend 2004, the averagetime spent in prison was 10 years and2 months, up 7 months from that in2003. The median time between theimposition of a death sentence andyearend 2004 was 9 years and 2months.

89105Hispanic113123Black115126White

7895Female111122Male

mo110 mo122 Total

MedianMeansentence of death

Elapsed timesince sentencingInmates under

Overall, the average time for womenwas 7 years and 11 months, 27 monthsless than that for men (10 years and 2months). On average, whites, blacks,and Hispanics had spent from 105 to126 months under a sentence of death.

Capital Punishment, 2004 11

Note: Average time was calculated from the most recent sentencing date.aIncludes American Indians and Asians.bIncludes Hispanics.

132132132193959200412013513120446520031201301271853712002166134142174866200114213413735498520001411431433361981999132128130184868199814712613327457419971531121251431451996144128134223356199513211712211203119941211121131423381993135104114111931199210712411677141991919795716231990

112789588161989897280561119889678861213251987

1027887711181986806571711181985717674813211984

mo58mo49 mo5129111977-83

mo129mo121 mo124322607944 Total

BlackbWhitebAll racesaBlackbWhitebAll racesaexecutionsentence to execution for:Number executedYear ofAverage elapsed time from

Table 11. Time under sentence of death and execution, by race, 1977-2004

To provide the latest data on capitalpunishment, BJS gathers informationfollowing each execution. The datainclude the date of execution, thejurisdiction, method used, and thename, race, and gender of eachperson executed.

During 2005, 16 States had executed60 inmates, 1 more than the numberexecuted in 2004.

Four States accounted for more thanhalf of the executions carried outduring this period: Texas performed19; and Indiana, Missouri, and NorthCarolina executed 5 each.

Connecticut executed one inmate, thefirst in that State since 1960.

Lethal injection accounted for all 60executions.

Forty-one of those executed werewhite and 19 were black. One womanwas executed (Texas).

Final counts for 2005 will appear inCapital Punishment 2005, released in late 2006. This annual report willconsist of data collected from Stateand Federal correctional agencies. The report will cover all persons undersentence of death on December 31,2005, as well as those removed fromunder sentence of death.

60 TotalLethal injection1MississippiLethal injection1MarylandLethal injection1FloridaLethal injection1DelawareLethal injection1ArkansasLethal injection1ConnecticutLethal injection2CaliforniaLethal injection3South CarolinaLethal injection3GeorgiaLethal injection4OklahomaLethal injection4AlabamaLethal injection4OhioLethal injection5North CarolinaLethal injection5MissouriLethal injection5IndianaLethal injection19Texas

Method usedNumber ofexecutionsJurisdiction

Advance count of executions: January 1, 2005 — December 31, 2005

Methodology

Capital punishment information iscollected annually as part of theNational Prisoner Statistics program(NPS-8). This data series is collectedin two parts: data on persons undersentence of death are obtained fromthe department of corrections in eachjurisdiction currently authorizing capitalpunishment; and information on thestatus of death penalty statutes isobtained from the Office of the AttorneyGeneral in each of the 50 States, theDistrict of Columbia, and the FederalGovernment. Data collection forms andmore detailed tables are available onthe BJS website <www.ojp.usdoj.gov/bjs/abstract/cp04.htm>.

NPS-8 covers all persons undersentence of death at any time duringthe year who were held in a State orFederal nonmilitary correctional facility.Included are capital offenders trans-ferred from prison to mental hospitalsand those who may have escaped fromcustody. Excluded are persons whosedeath sentences have been overturnedby the court, regardless of their currentincarceration status.

The statistics reported in this Bulletinmay differ from data collected by otherorganizations for a variety of reasons: (1) NPS-8 adds inmates to the popula-tion under sentence of death not atsentencing but at the time they areadmitted to a State or Federal correc-tional facility; (2) If inmates enteredprison under a death sentence or werereported as being relieved of a deathsentence in one year but the court hadacted in the previous year, the countsare adjusted to reflect the dates ofcourt decisions (see the note on table 4for the affected jurisdictions); and (3)

NPS counts are always for the last dayof the calendar year and will differ fromcounts for more recent periods.

All data in this report have beenreviewed for accuracy by the dataproviders in each jurisdiction prior topublication.

12 Capital Punishment, 2004

U.S. Department of JusticeOffice of Justice ProgramsBureau of Justice Statistics

Washington, DC 20531

Official BusinessPenalty for Private Use $300

The Bureau of Justice Statistics is the statistical agency of the U.S. Department of Justice. Lawrence A. Greenfeld is director.

BJS Bulletins present the first release of findings from permanent data collection programs.

This Bulletin was written by Thomas P. Bonczar and Tracy L. Snell underthe supervision of Allen J. Beck. TinaDorsey and Carolyn C. Williams editedthe report. Jayne Robinson preparedthe report for final printing. At the U.S.Census Bureau, Patricia A. Clark andNicole Gist collected the data underthe supervision of Steven M. Bittnerand Marilyn M. Monahan.

November 2005, NCJ 211349

PRESORTED STANDARDPOSTAGE & FEES PAID

DOJ/BJSPermit No. G-91

This report in portable documentformat and in ASCII and its relatedstatistical data and tables— includingfive appendix tables — are availableat the BJS World Wide Web Internetsite: <http://www.ojp.usdoj.gov/bjs/>.

Office of Justice ProgramsPartnerships for Safer Communitieshttp://www.ojp.usdoj.gov

Capital Punishment, 2004 13

8 U.S.C. 1342 — Murder related to thesmuggling of aliens.

18 U.S.C. 32-34 — Destruction of aircraft,motor vehicles, or related facilities result-ing in death.

18 U.S.C. 36 — Murder committed duringa drug-related drive-by shooting.

18 U.S.C. 37 — Murder committed at anairport serving international civil aviation.

18 U.S.C. 115(b)(3) [by cross-reference to18 U.S.C. 1111] — Retaliatory murder ofa member of the immediate family of lawenforcement officials.

18 U.S.C. 241, 242, 245, 247 — Civilrights offenses resulting in death.

18 U.S.C. 351 [by cross-reference to 18U.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 result-ing from offenses involving transportationof explosives, destruction of governmentproperty, or destruction of property relatedto foreign or interstate commerce.

18 U.S.C. 924(i) — Murder committed bythe use of a firearm during a crime ofviolence or a drug-trafficking crime.

18 U.S.C. 930 — Murder committed in aFederal Government facility.

18 U.S.C. 1091 — Genocide.

18 U.S.C. 1111 — First-degree murder.

18 U.S.C. 1114 — Murder of a Federaljudge or law enforcement official.

18 U.S.C. 1116 — Murder of a foreignofficial.

18 U.S.C. 1118 — Murder by a Federalprisoner.

18 U.S.C. 1119 — Murder of a U.S.national in a foreign country.

18 U.S.C. 1120 — Murder by an escapedFederal prisoner already sentenced to lifeimprisonment.

18 U.S.C. 1121 — Murder of a State orlocal law enforcement official or otherperson aiding in a Federal investigation;murder of a State correctional officer.

18 U.S.C. 1201 — Murder during akidnaping.

18 U.S.C. 1203 — Murder during ahostage taking.

18 U.S.C. 1503 — Murder of a courtofficer or juror.

18 U.S.C. 1512 — Murder with the intentof preventing testimony by a witness,victim, or informant.

18 U.S.C. 1513 — Retaliatory murder of awitness, victim, or informant.

18 U.S.C. 1716 — Mailing of injuriousarticles with intent to kill or resulting indeath.

18 U.S.C. 1751 [by cross-reference to 18U.S.C. 1111] — Assassination or kidnap-ing resulting in the death of the Presidentor Vice President.

18 U.S.C. 1958 — Murder for hire.

18 U.S.C. 1959 — Murder involved in aracketeering offense.

18 U.S.C. 1992 — Willful wrecking of atrain resulting in death.

18 U.S.C. 2113 — Bank-robbery-relatedmurder or kidnaping.

18 U.S.C. 2119 — Murder related to acarjacking.

18 U.S.C. 2245 — Murder related to rapeor child molestation.

18 U.S.C. 2251 — Murder related tosexual exploitation of children.

18 U.S.C. 2280 — Murder committedduring an offense against maritimenavigation.

18 U.S.C. 2281 — Murder committedduring an offense against a maritime fixedplatform.

18 U.S.C. 2332 — Terrorist murder of aU.S. national in another country.

18 U.S.C. 2332a — Murder by the use ofa weapon of mass destruction.

18 U.S.C. 2340 — Murder involvingtorture.

18 U.S.C. 2381 — Treason.

21 U.S.C. 848(e) — Murder related to acontinuing criminal enterprise or relatedmurder of a Federal, State, or local lawenforcement officer.

49 U.S.C. 1472-1473 — Death resultingfrom aircraft hijacking.

Appendix table 1. Federal laws providing for the death penalty, 2004

14 Capital Punishment, 2004

Note: For those persons sentenced to death more than once, the numbers are based on the most recent death sentence.

3,314343371,3497784723019447,5291973-2004Total,

1240000100125200414900001111522003152055221116820021370213502416320011800822101562322000213010221637527619992230825202814300199820405312105112771997

213011422001021317199620301232150144131719951870113625011443141994165015311901542287199314901945270133528819921430103834010322671991

10411544350104225119901111125331011392581989118013643411348291198892766640521512881987895136147020642991986704128141110452641985

74812674421661284198464214642711863253198364112743901859267198222112784201454223198121012502931345173198014165928213281511979

1308653621636185197890733264031913719773015431713651423319763221672417146298197511223015654111491974009891402421973

sentenceof death12/31/2004

Other orunknownreasons

Sentencecommuted

Appeals or higher courts overturned—Death pen-alty statute Conviction Sentence

OtherdeathExecution

Numbersentencedto death

Year of sentence

UnderNumber of prisoners removed from under sentence of death

Appendix table 2. Prisoners sentenced to death and outcome of the sentence,by year of sentencing, 1973-2004

Capital Punishment, 2004 15

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.

10.23,314124149152137393427416352292215210159138150 Total

* 642Illinois* 211New York* 211Wyoming3.523253373Virginia* 211New Mexico* 312Colorado* 4211South Dakota3.833102525522Federal system7.110132121Washington5.81722231232Delaware6.930221256534Oregon* 712121Connecticut9.41111432New Jersey* 41111Montana* 8112211Nebraska

13.91012111121Utah7.7876172162117431531Louisiana* 9121113Maryland7.9715556781386413South Carolina7.3915963122315711333Oklahoma

11.32015886122529162115162416Ohio8.4392127868311Arkansas9.152231449113713211Missouri

11.534112551442441Kentucky11.82211121121232212Idaho12.327122251314222Indiana8.3181466926314238113113North Carolina8.97024639119964115Mississippi

11.2222561242221223519202318105Pennsylvania11.810549328917131114456Arizona12.383141177166498586Nevada11.01093131132113111298527Georgia9.71937611623342423111713558Alabama

11.9993664811748691269Tennessee8.2446233137247861504334161711615Texas

12.2364911111339282844492730202134Florida11.56371122142674707555636250333745California

12/31/0412/31/0420042003200220011999-001997-981995-961993-941991-92 1989-901987-881985-861983-841974-82Statedeath asof death,Year of sentence for prisoners sentenced to and remaining on death row, 12/31/2004sentencesentenceyearsUndernumber ofAverage

Appendix table 3. Prisoners under sentence of death on December 31, 2004, by State and year of sentencing

16 Capital Punishment, 2004

Note: For those persons sentenced to death more than once, the numbers are based on the most recent death sentence.

44.0%0.5%4.5%34.5%4.0%12.5%100% Percent

20081112Wyoming1000231438Washington231911694144Virginia100181626Utah

44615011531336979Texas992394131212Tennessee4000105South Dakota

710377432187South Carolina0002002Rhode Island

22206119153365Pennsylvania3000221255Oregon91021471175326Oklahoma

2010111391615382Ohio181082741434511North Carolina

20080010New York205191128New Mexico

1180303052New Jersey8304311111140Nevada802123328Nebraska

40162215Montana520248961172Missouri70309836180Mississippi0022004Massachusetts904342453Maryland

871797527224Louisiana3401354276Kentucky0008008Kansas

27245221198Indiana612156971412297Illinois

2203142142Idaho109181401036304Georgia3642184093859890Florida17002201352Delaware7002009Connecticut301132120Colorado

6370151234310828California390234226103Arkansas

105161071222253Arizona193021131830356Alabama

330160343 Federal

3,314343372,5993019447,529 U.S. total

12/31/04removalscommutedviction overturned DiedExecuted1973-2004Stateof death,Other SentenceSentence or con-to death,sentenceNumber of removals, 1973-2004sentencedUnderTotal

Appendix table 4. Number sentenced to death and number of removals,by jurisdiction and reason for removal, 1973-2004

Capital Punishment, 2004 17

000011Wyoming020024Washington000276794Virginia200046Utah0000336336Texas000011Tennessee00062632South Carolina000033Pennsylvania000022Oregon00007575Oklahoma00001515Ohio00203234North Carolina000011New Mexico00101011Nevada000303Nebraska000022Montana00006161Missouri004026Mississippi000044Maryland00020727Louisiana000112Kentucky0003811Indiana00001212Illinois000011Idaho000231336Georgia000441559Florida01001213Delaware000011Colorado0020810California00012526Arkansas00202022Arizona00024630Alabama000033Federal system

2311152776944Total

Firing squadHangingLethal gasElectrocutionLethal injectionNumber executedState

Appendix table 5. Executions, by State and method, 1977-2004