U.S. Department of Justice
Office of Justice Programs

Bureau of Justice Statistics

Bulletin
December 2006, NCJ 215083

Capital Punishment, 2005
By Tracy L. Snell
BJS Statistician
Sixteen States executed 60 prisoners
during 2005. The number executed was
1 more than in 2004. Those executed
during 2005 had been under sentence of
death an average of 12 years and 3
months, or 15 months longer than the
period for inmates executed in 2004.
At yearend 2005, 3,254 prisoners were
under sentence of death. California held
the largest number on death row (646),
followed by Texas (411), Florida (372),
and Pennsylvania (218). Thirty-seven
people were under a Federal death sentence.
During 2005, 24 States and the Federal
prison system received 128 prisoners
under sentence of death. Admissions in
California (23), Florida (15), Texas (14),
and Alabama (12) accounted for half of
those sentenced to death in 2005.
In 2005, 59 men and 1 woman were
executed. The racial/ethnic distribution
of those executed included 38 whites, 19
blacks, and 3 Hispanics (all white). All of
the executions were carried out by lethal
injection.
From January 1, 1977, to December 31,
2005, 1,004 inmates were executed by
33 States and the Federal Bureau of
Prisons. Nearly two-thirds of the executions occurred in 5 States: Texas (355),
Virginia (94), Oklahoma (79), Missouri
(66), and Florida (60).

Highlights
Status of the death penalty, December 31, 2005
Executions during 2005a
Texas
Indiana
Missouri
North Carolina
Ohio
Alabama
Oklahoma
Georgia
South Carolina
California
Connecticut
Arkansas
Delaware
Florida
Maryland
Mississippi
Total

19
5
5
5
4
4
4
3
3
2
1
1
1
1
1
1
60

Number of prisoners
under sentence of deathb

Jurisdictions without a
death penalty

California
Texas
Florida
Pennsylvania
Ohio
Alabama
North Carolina
Arizona
Georgia
Tennessee
Oklahoma
Louisiana
Nevada
24 other jurisdictions

Alaska
District of Columbia
Hawaii
Iowa
Maine
Massachusetts
Michigan
Minnesota
North Dakota
Rhode Island
Vermont
West Virginia
Wisconsin

Total

646
411
372
218
199
189
174
109
107
103
86
83
82
475

3,254

aFor

2006 data on executions, see page 11.
b
See table 4 for complete list.

• At yearend 2005, 36 States and the
Federal prison system held 3,254
prisoners under sentence of death,
66 fewer than at yearend 2004. This
represents the fifth consecutive year
that the population has decreased.
• Of those under sentence of death,
56% were white, 42% were black,
and 2% were of other races.
Persons under sentence of death
White
Black
American Indian
Asian
Unknown race

1995

2005

1,742
1,296
24
19
10

1,805
1,372
31
34
12

• The 362 Hispanic inmates under
sentence of death accounted for 13%
of inmates with a known ethnicity.

• Fifty-two women were under sentence of death in 2005, up from 47 in
1995.
• The 128 inmates received under
sentence of death during 2005 represent the smallest number of admissions since 1973.
• Of the 7,320 people under sentence
of death between 1977 and 2005,
14% were executed, 4% died by
causes other than execution, and
37% received other dispositions.
• The number of States authorizing
lethal injection increased from 32 in
1995 to 37 in 2005. In 2005, all of the
executions were by lethal injection,
compared to 88% in 1995.
• Since 1977, 836 of the 1,004 executions (83%) were by lethal injection.

Six States revised death penalty
statutes in 2005
At yearend 2005 the death penalty was
authorized by 38 States and the Federal Government (table 1). No State
enacted new legislation authorizing
capital punishment in 2005.
The United States Supreme Court
struck a portion of the Missouri capital
punishment statutes on March 1, 2005
(Roper v. Simmons, U.S. 125 S.Ct.
1183 (2005)). The Court upheld the ruling of the Missouri Supreme Court that
imposition of the death penalty on persons under age 18 at the time their
crimes were committed is cruel and
unusual punishment and therefore prohibited by the Eighth and Fourteenth
Amendments.
During 2005, 6 States revised statutory
provisions relating to the death penalty.
By State, the changes were as follows:
Arizona — Added four new aggravating factors: murder committed to promote a street gang or criminal syndicate; murder with the intent to prevent
cooperation with law enforcement or to
prevent or retaliate for court testimony;
murder committed in a cold, calculated
manner; murder committed by using a
“remote stun gun” (A.R.S. §13-703
(F)(11-14)), effective 8/12/2005.
Delaware — Revised its code of criminal procedure to remove a requirement
that alternate jurors be sequestered
until conclusion of the guilt phase of
capital trials (Del. Code Ann. 11
§4209(b)(1)), effective 7/12/2005.
Nevada — Revised the capital statute
to increase the minimum age of eligibility for a death sentence from 16 to 18
years at the time the offense was committed (NRS 176.025), effective
5/3/2005.

Table 1. Capital offenses, by State, 2005
Alabama. Intentional murder with 18
aggravating factors (Ala. Stat. Ann. 13A5-40(a)(1)-(18)).

Nebraska*. First-degree murder with a
finding of at least 1 statutorily-defined
aggravating circumstance.

Arizona*. First-degree murder
accompanied by at least 1 of 14
aggravating factors (A.R.S. § 13-703(F)).

Nevada*. First-degree murder with at
least 1of 15 aggravating circumstances
(NRS 200.030, 200.033, 200.035).

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

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

California*. First-degree murder with
special circumstances; train wrecking;
treason; perjury causing execution.
Colorado*. First-degree murder with at
least 1 of 17 aggravating factors; treason.
Connecticut*. Capital felony with 8 forms
of aggravated homicide (C.G.S. 53a-54b).

New Jersey. Murder by one's own
conduct, by solicitation, committed in
furtherance of a narcotics conspiracy, or
during commission of a crime of terrorism
(NJSA 2C:11-3c).
New Mexico*. First-degree murder with at
least 1 of 7 statutorily-defined aggravating
circumstances (Section 30-2-1 A, NMSA).

Delaware*. First-degree murder with
aggravating circumstances.

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

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

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

Georgia*. Murder; kidnapping with bodily
injury or ransom when the victim dies;
aircraft hijacking; treason.
Idaho*. First-degree murder with
aggravating factors; aggravated
kidnapping; perjury resulting in death.
Illinois*. First-degree murder with 1 of 21
aggravating circumstances.
Indiana*. Murder with 16 aggravating
circumstances (IC 35-50-2-9).
Kansas*. Capital murder with 8
aggravating circumstances (KSA 213439).
Kentucky*. Murder with aggravating
factors; kidnapping with aggravating
factors (KRS 32.025).
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 2000).
Montana. Capital murder with 1 of 9
aggravating circumstances (46-18-303
MCA); capital sexual assault
(45-5-503 MCA).

Ohio*. Aggravated murder with at least 1
of 10 aggravating circumstances (O.R.C.
secs. 2903.01, 2929.02, 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 11
aggravating circumstances (§ 16-320(C)(a)).
South Dakota*. First-degree murder with
1 of 10 aggravating circumstances;
aggravated kidnapping.
Tennessee*. First-degree murder with 1
of 15 aggravating circumstances (Tenn.
Code Ann. § 39-13-204).
Texas. Criminal homicide with 1 of 9
aggravating circumstances (TX Penal
Code 19.03).
Utah*. Aggravated murder (76-5-202,
Utah Code Annotated).
Virginia*. First-degree murder with 1 of
13 aggravating circumstances (VA Code §
18.2-31).
Washington*. Aggravated first-degree
murder.
Wyoming. First-degree murder.

*As of December 31, 2005, 27 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, New
York, North Carolina, Ohio, South Dakota, Tennessee, Utah, Virginia, and Washington. Mental
retardation is a mitigating factor in South Carolina.

2 Capital Punishment, 2005

Ohio — Amended the code of criminal
procedure to exempt mentally retarded
persons from capital sentences
(O.R.C. 2929.06(A)) and to allow imposition of the death penalty in cases
where an appeals court previously
vacated a death sentence (O.R.C.
2929.06(E)), effective 3/23/2005.

Persons under sentence of death, 1955-2005

3,254
3,000

2,500

Texas — Added as an aggravating factor murder of an officer of the court
(Tex. Penal Code §19.03(a)(9), effective 9/1/2005.
Utah — Added to the definition of
aggravated murder homicide involving
desecration of a dead human body
(Utah Code Ann. §76-5-202(e)) or dismembering, mutilation, or disfiguring
of the victim’s body, either before or
after death (§76-5-202(s)), effective
5/2/2005.
Most States provide for automatic
review of capital sentences
Of the 38 States with capital statutes at
yearend, 37 provided for review of all
death sentences regardless of the
defendant's wishes. In South Carolina
the defendant had the right to waive
sentence review if he or she was
deemed competent by the court (State
v. Torrence, 473 S.E. 3d 703 (S.C.
1996)). Federal death penalty procedures did not provide for automatic
review after a sentence of death had
been imposed.
The State's highest appellate court
usually conducted the review. If either
the conviction or sentence was
vacated, the case could be remanded
to the trial court for additional proceedings or retrial. As a result of retrial or
resentencing, a death sentence could
be reimposed.
While most of the 37 States authorized
automatic review of both the conviction
and sentence, Idaho, Montana, Okla-

In 1976 the Court
upheld revised State
capital punishment laws.

2,000

1,500

In 1972 the Supreme Court
ruled unconstitutional the
death penalty as then
administered.

1955

1960

1970

1,000

500

1980

1990

2000

0
2005

Figure 1

homa, South Dakota, 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.
In Virginia a defendant could waive an
appeal of trial court error but could not
waive review of the death sentence for
arbitrariness and proportionality.
In Mississippi the question of whether
the defendant could waive the right to
automatic review had not been
addressed. In Wyoming neither statute nor case law precluded a waiver of
appeal.
Arkansas implemented a rule requiring
review of specific issues relating to
both capital convictions and sentences
(Ark. R. App. P. — Crim 10). Recent
case law held waivers of this review
are not permitted (Newman v. State,
No. CR02-811, 2002 Westlaw
31030906 (Ark. Sept. 12, 2002)).

Lethal injection was authorized by
most States with capital statutes
As of December 31, 2005, lethal injection was the predominant method of
execution, authorized by 37 States
(table 2).
Nine States authorized electrocution;
four States, lethal gas; three States,
hanging; and three States, firing
squad.
Seventeen States authorized more
than 1 method — lethal injection and
an alternative method — generally at
the election of the condemned prisoner. Five of these 17 States stipulated
which method must be used depending on the date of sentencing. One
State authorized hanging only if lethal
injection could not be given. Three
States authorized alternative methods
if lethal injection is ever ruled to be
unconstitutional: 1 authorized lethal
gas, 1 authorized electrocution or firing
squad, and 1 authorized firing squad.

Capital Punishment, 2005

3

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 (18 U.S.C. 3596).
Most jurisdictions had set 18 as
minimum age for capital sentences
As of December 31, 2005, 18 States
and the Federal system required a
minimum age of 18 for which the death
penalty could be imposed (table 3).
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 adult court for
trial as an adult. While the ruling in
Roper v. Simmons effectively makes
the minimum age 18 for capital punishment, 14 States had statutes that specified an age of eligibility between 14
and 17.
Six jurisdictions did not specify a minimum age for which the death penalty
could be imposed.
Number under sentence of death
declines for fifth straight year
Thirty-six States and the Federal
prison system held a total of 3,254
prisoners under sentence of death on
December 31, 2005, a decrease of 66
since the end of 2004 (table 4). This
was the fifth consecutive year that the
number of prisoners under a sentence
of death declined, down from 3,601 on
December 31, 2000.
Three States reported 44% of the
Nation's death row population: California (646), Texas (411), and Florida
(372). The Federal Bureau of Prisons
held 37 inmates at yearend. Of the 39
jurisdictions authorizing the death penalty during 2005, New Hampshire and
Kansas had no one under a capital
sentence, and New York, South
Dakota, Colorado, Montana, New Mexico, and Wyoming had 4 or fewer.
Among the 37 jurisdictions with prisoners under sentence of death at
yearend 2005, 9 had more inmates
than a year earlier, 21 had fewer
inmates, and 7 had the same number.
4 Capital Punishment, 2005

Table 2. Method of execution, by State, 2005
Lethal Injection
Alabamaa
Arizonaa,c
Arkansasa,d
Californiaa
Colorado
Connecticut
Delawarea,g
Floridaa
Georgia
Idahoa
Illinois
Indiana
Kansas

Kentuckya,b
Louisiana
Maryland
Mississippi
Missouria
Montana
Nevada
New Hampshirea
New Jersey
New Mexico
New York
North Carolina

Ohio
Oklahomaa
Oregon
Pennsylvania
South Carolinaa
South Dakota
Tennesseea,h
Texas
Utaha
Virginiaa
Washingtona
Wyominga

Electrocution

Lethal gas

Alabamaa
Arkansasa,d
Floridaa
Kentuckya,b
Nebraska
Oklahomaf
South Carolina a
Tennesseea,h
Virginiaa

Arizonaa,c
Californiaa
Missouria
Wyominga,e

Hanging
Delawarea,g
New Hampshirea,i
Washingtona

Firing Squad
Idahoa
Oklahomaf
Utahj

a

Authorizes 2 methods of execution.
lethal injection for persons sentenced on or after 3/31/98; inmates sentenced
before that data may select lethal injection or electrocution.
c
Authorizes lethal injection for persons sentenced after 11/15/92; inmates sentenced
before that date may select lethal injection or gas.
d
Authorizes lethal injection for those whose offense occurred on or after 7/4/83; inmates
whose offense occurred before that data may select lethal injection or electrocution.
eAuthorizes lethal gas if lethal injection is held to be unconstitutional.
f
Authorizes electrocution if lethal injection is held to be unconstitutional and firing squad
if both lethal injection and electrocution are held to be unconstitutional.
g
Authorizes lethal injection for those whose capital offense occurred on or after 6/13/86;
those who committed the offense before that date may select lethal injection or hanging.
h
Authorizes lethal injection for those whose capital offense occurred after 12/31/98; those
who committed the offense before that date may select electrocution by written waiver.
iAuthorizes hanging only if lethal injection cannot be given.
jAuthorizes firing squad if lethal injection is held unconstitutional. Inmates who selected
execution by firing squad prior to May 3, 2004, may still be entitled to execution by that
method.
bAuthorizes

Table 3. Minimum age authorized for capital punishment, 2005
Age 16 or less
Alabama (16)
Arkansas (14)a
Delaware (16)
Kentucky (16)
Mississippi (16)
Missouri (16)
Oklahoma (13)
Utah (14)c
Virginia (14)c

Age 17
Florida
Georgia
New Hampshire
North Carolina
Texas

Age 18
California
Colorado
Connecticut
Federal system
Illinois
Indiana
Kansas
Maryland
Nebraska
Nevada
New Jersey
New Mexico
New York
Ohio
Oregon
South Dakota
Tennessee
Washington
Wyoming

None specified
Arizona
Idaho
Louisiana
Montanab
Pennsylvania
South Carolina

Note: Information reported in this table reflects the minimum age as defined by statute as of
12/31/2005. The United States Supreme Court ruling in Roper v. Simmons (2005) declared
unconstitutional imposition of the death penalty on persons under age 18.
a
See Ark. Code Ann. 9-27-318(c)(2)(Supp 2001).
b
Montana law specifies that offenders tried under the sexual assault statute be 18 or older. No
statutory minimum age is specified for other capital offenses.
c
Age for transfer to adult court is 14.

Table 4. Prisoners under sentence of death, by region, State, and race, 2004 and 2005
Prisoners under
sentence of death,
12/31/04
Region and State
U.S. total
d

Federal
State

Removed from death
row (excluding
executions)a

Received under
sentence of death

Totalb Whitec Blackc

Totalb Whitec Blackc

Prisoners under
sentence of death,
12/31/05

Executed

Totalb Whitec Blackc

Totalb Whitec Blackc

Totalb Whitec Blackc

3,320

1,856 1,390

128

70

52

134

80

51

60

41

19

3,254

1,805 1,372

32
3,288

11
20
1,845 1,370

6
122

5
65

1
51

1
133

0
80

1
50

0
60

0
41

0
19

37
3,217

16
20
1,789 1,352

Northeast
Connecticut
New Hampshire
New Jersey
New York
Pennsylvania

240
7
0
11
2
220

86
4
0
4
1
77

143
3
0
7
1
132

8
1
0
0
0
7

2
1
0
0
0
1

6
0
0
0
0
6

11
0
0
1
1
9

4
0
0
0
1
3

7
0
0
1
0
6

1
1
0
0
0
0

1
1
0
0
0
0

0
0
0
0
0
0

236
7
0
10
1
218

83
4
0
4
0
75

142
3
0
6
1
132

Midwest
Illinois
Indiana
Kansas
Missouri
Nebraska
Ohioe
South Dakota

298
6
27
0
51
8
202
4

161
5
21
0
26
7
98
4

134
1
6
0
25
1
101
0

11
1
1
0
2
2
5
0

7
0
1
0
1
2
3
0

4
1
0
0
1
0
2
0

9
0
3
0
2
0
4
0

7
0
2
0
2
0
3
0

2
0
1
0
0
0
1
0

14
0
5
0
5
0
4
0

7
0
5
0
1
0
1
0

7
0
0
0
4
0
3
0

286
7
20
0
46
10
199
4

154
5
15
0
24
9
97
4

129
2
5
0
22
1
99
0

1,840
193
38
17
367
110
35
87
8
70
180
92
71
101
448
23

1,010
101
16
13
242
57
28
30
2
33
72
48
35
59
264
10

807
92
22
4
125
52
7
56
6
36
101
38
36
40
179
13

70
12
2
0
15
3
1
4
0
2
6
5
3
2
14
1

34
6
0
0
7
1
0
1
0
2
3
4
0
1
9
0

33
6
2
0
8
2
1
3
0
0
1
0
3
1
5
1

87
12
1
0
9
3
0
8
0
3
7
7
3
0
32
2

51
8
1
0
8
1
0
2
0
2
3
3
1
0
22
0

35
4
0
0
1
2
0
6
0
1
4
4
2
0
9
2

43
4
1
1
1
3
0
0
1
1
5
4
3
0
19
0

32
4
1
1
1
3
0
0
0
1
4
1
2
0
14
0

11
0
0
0
0
0
0
0
1
0
1
3
1
0
5
0

1,780
189
38
16
372
107
36
83
7
68
174
86
68
103
411
22

961
95
14
12
240
54
28
29
2
32
68
48
32
60
237
10

794
94
24
4
132
52
8
53
5
35
97
31
36
41
170
12

910
107
637
3
22
4
83
2
30
10
10
2

588
91
379
1
22
3
49
2
27
7
5
2

286
10
232
2
0
0
33
0
2
2
5
0

33
8
23
0
0
0
1
0
1
0
0
0

22
6
15
0
0
0
1
0
0
0
0
0

8
2
5
0
0
0
0
0
1
0
0
0

26
6
12
1
4
0
2
0
0
1
0
0

18
4
10
0
4
0
0
0
0
0
0
0

6
0
2
1
0
0
2
0
0
1
0
0

2
0
2
0
0
0
0
0
0
0
0
0

1
0
1
0
0
0
0
0
0
0
0
0

1
0
1
0
0
0
0
0
0
0
0
0

915
109
646
2
18
4
82
2
31
9
10
2

591
93
383
1
18
3
50
2
27
7
5
2

287
12
234
1
0
0
31
0
3
1
5
0

South
Alabama
Arkansas
Delaware
Florida
Georgia
Kentucky
Louisiana
Maryland
Mississippi
North Carolina
Oklahoma
South Carolina
Tennessee
Texas
Virginia
West
Arizona
California
Colorado
Idahoe
Montana
Nevada
New Mexico
Oregon
Utah
Washington
Wyoming

Note: Some figures shown for yearend 2004 are revised from those reported in Capital Punishment, 2004, NCJ 211349.
The revised figures include 14 inmates who were either reported late to the National Prisoner Statistics program or were not in custody
of State correctional authorities on 12/31/04 (3 each in Florida and Arizona; 2 each in Tennessee and Texas; and 1 each in Georgia, Kentucky,
Oklahoma, and Idaho). The revised figures also exclude 8 inmates who were relieved of a death sentence before 12/31/04 (2 in Pennsylvania; and 1
each in Missouri, Nebraska, Arkansas, Maryland, and North Carolina).
Data for 12/31/2004 have been revised to exclude 1 inmate in the Federal Bureau of Prisons who was erroneously reported.
aIncludes 21 deaths from natural causes (6 in California; 3 in Florida; 2 each in Ohio, Alabama, and Georgia; and 1 each in Arkansas, Louisiana,
North Carolina, Oklahoma, Idaho, and Nevada); 3 deaths from suicide (1 each in Ohio, Mississippi, and Texas); and 1 death from a drug overdose
(California).
b
Totals include persons of races other than white and black.
c
The reporting of race and Hispanic origin differs from that presented in tables 8 and 10. In this table white and black inmates include Hispanics.
d
Excludes persons held under Armed Forces jurisdiction with a military death sentence for murder.
eOne inmate under sentence of death in Ohio was erroneously reported as being under sentence of death in Idaho in the 2004 report.

Capital Punishment, 2005

5

The largest increase occurred in the
California (9), followed by Florida and
the Federal Bureau of Prisons

(5 each). The largest decreases were
in Texas (37), Indiana (7), and North
Carolina and Oklahoma (6 each).

Persons under sentence of death, by race, 1968-2005
Number under sentence of death
on December 31
2,500

2,000

White

1,805

Black

1,372

1,500

1,000

During 2005 the number of white and
black inmates under sentence of death
declined (by 51 and 18, respectively).
The number of persons of other races
(including American Indians, Asians,
and self-identified Hispanics)
increased from 74 to 77.
Men made up 98% (3,202) of all prisoners under sentence of death (table
5). Whites accounted for 56%; blacks,
42%; and other races, 2%. Other races
included 31 American Indians, 34
Asians, and 12 persons whose race
was unknown. Among those for whom
ethnicity was known, 13% were Hispanic.
52 women on death row at yearend

500

All other races
0
1968

1978

1988

1998

77
2005

Figure 2

Table 5. Demographic characteristics of prisoners under sentence of death, 2005
Characteristic
Total number under sentence of death

Percent of prisoners under sentence of death, 2005
Yearend
Admissions
Removals
128

194

98.4%
1.6

96.1%
3.9

97.4%
2.6

Race
White
Black
All other races*

55.5%
42.2
2.4

54.7%
40.6
4.7

62.4%
36.1
1.5

Hispanic origin
Hispanic
Non-Hispanic

12.7%
87.3

15.5%
84.5

13.3%
86.7

Education
8th grade or less
9th-11th grade
High school graduate/GED
Any college
Median

14.3%
36.9
39.6
9.2
11th

9.9%
31.7
48.5
9.9
12th

24.1%
36.7
29.5
9.6
11th

Marital status
Married
Divorced/separated
Widowed
Never married

22.2%
20.5
2.9
54.4

17.6%
19.6
3.9
58.8

16.3%
22.5
2.2
59.0

Gender
Male
Female

3,254

Note: Calculations are based on those cases for which data were reported. Detail may not add to
total due to rounding. Missing data by category were as follows:
Hispanic origin
Education
Marital status

Yearend
410
465
337

Admissions
18
27
26

Removals
21
28
16

*At yearend 2004, other races consisted of 28 American Indians, 32 Asians, and 14 self-identified Hispanics. During 2005, 3 American Indians and 3 Asians were admitted; and 1 Asian
and 2 self-identified Hispanic inmates were removed.

6 Capital Punishment, 2005

During 2005 the number of women
sentenced to be executed remained
unchanged at 52 (table 6). Five women
were received under sentence of
death, five were removed from death
row, and 1 was executed. Women
were under sentence of death in 18
States and the Federal system. Twothirds of women on death row at
yearend were being held in five States:
California, Texas, Pennsylvania, North
Carolina, and Alabama.
Women under sentence
of death, 12/31/05
State
Total
California
Texas
Pennsylvania
North Carolina
Alabama
Ohio
Tennessee
Arizona
Federal
Delaware
Florida
Georgia
Idaho
Kentucky
Mississippi
Oklahoma
Virginia
Indiana
Louisiana

All races*
52
14
9
5
4
3
2
2
2
1
1
1
1
1
1
1
1
1
1
1

White
35
10
5
2
2
1
2
2
2
1
1
1
1
1
1
1
1
1
0
0

Black
14
2
4
3
1
2
0
0
0
0
0
0
0
0
0
0
0
0
1
1

*Includes races other than white and black.

The number of Hispanics under sentence of death declined from 368 to
362 during 2005. Seventeen Hispanics
were received under sentence of
death; 20 were removed from death
row; and 3 were executed. More than
three-quarters of the Hispanics were
held in 3 States: California (136),
Texas (112), and Florida (31).
The gender, race, and Hispanic origin
of those under sentence of death at
yearend 2005 were as follows:

White
Hispanic
Black
Hispanic
Other races
Hispanic

Persons under sentence
of death, 12/31/05
Male
Female
1,770
35
330
3
1,358
14
13
0
74
3
14
2

Among all inmates under sentence of
death for whom date of arrest was
available, half were age 20 to 29 at the
time of arrest for their capital offense;
11% were age 19 or younger; and
fewer than 1% were age 55 or older
(table 7). The average age at time of
arrest was 28 years.
On December 31, 2005, 33% of all
inmates were age 30 to 39, and 61%
were age 25 to 44. The youngest
offender under sentence of death was
20; the oldest was 90.
8% of inmates under sentence of
death had a prior homicide
conviction
Among inmates under a death sentence on December 31, 2005, for
whom criminal history information was
available, 65% had prior felony convictions, including 8% with at least one
previous homicide conviction (table 8).
Among those for whom legal status at
the time of the capital offense was
available, 40% had an active criminal
justice status. Fewer than half of these
were on parole and a quarter were on
probation. The remaining third had
charges pending, were incarcerated,
had escaped from incarceration, or
had some other criminal justice status.

Table 6. Hispanics and women under sentence of death, by State, 2004 and 2005

Region
and State
U.S. total
Federal
Alabama
Arizona
California
Colorado
Connecticut
Delaware
Florida
Georgia
Idaho
Illinois
Indiana
Kentucky
Louisiana
Mississippi
Nebraska
Nevada
New Mexico
North Carolina
Ohio
Oklahoma
Oregon
Pennsylvania
Tennessee
Texas
Utah
Virginia

Under sentence of
death, 12/31/04a
Hispanics Women

Received under
Death sentence
sentence of death
removedb
HisHispanics Women
panics Women

Under sentence of
death, 12/31/05
Hispanics
Women

368
2
1
18
131
1
1

52
0
3
2
15
0
0

17
0
0
2
6
0
1

5
1
1
0
0
0
0

23
0
0
3
1
0
0

5
0
1
0
1
0
0

362
2
1
17
136
1
2

52
1
3
2
14
0
0

2
31
3
1
2
1
1

1
1
1
1
0
1
1

0
0
0
0
0
0
0

0
0
0
0
0
0
0

0
0
0
0
0
0
0

0
0
0
0
0
0
0

2
31
3
1
2
1
1

1
1
1
1
0
1
1

1
0
2
7
1
3

1
1
0
1
0
4

0
0
1
0
0
0

0
0
0
0
0
0

0
0
0
0
0
0

0
0
0
1
0
0

1
0
3
7
1
3

1
1
0
0
0
4

5
3
2
22
1
124
2
0

1
1
0
5
2
9
0
1

1
0
0
0
0
6
0
0

1
0
0
1
0
1
0
0

0
1
0
0
0
18
0
0

0
0
0
1
0
1
0
0

6
2
2
22
1
112
2
0

2
1
0
5
2
9
0
1

a
The
b

count of Hispanics under sentence of death at yearend 2004 has been revised.
Includes 3 Hispanic men and 1 woman in Texas who were executed in 2005.

Table 7. Age at time of arrest for capital offense and
age of prisoners under sentence of death at yearend 2005

Age

Prisoners under sentence of death
At time of arrest
On December 31, 2005
Number*
Percent
Number
Percent

Total number under
sentence of death on 12/31/05

2,985

17 or younger
18-19
20-24
25-29
30-34
35-39
40-44
45-49
50-54
55-59
60-64
65 or older

14
328
825
669
510
320
174
89
36
14
4
2

100%
0.5
11.0
27.6
22.4
17.1
10.7
5.8
3.0
1.2
0.5
0.1
0.1

3,254
0
0
61
321
495
583
589
533
307
228
85
52

Mean age

28yrs.

42yrs.

Median age

27yrs.

41yrs.

100%

1.9
9.9
15.2
17.9
18.1
16.4
9.4
7.0
2.6
1.6

Note: The youngest person under sentence of death was a black male in Alabama, born in May
1985 and sentenced to death in October 2005.
The oldest person under sentence of death was a white male in Arizona, born in September
1915 and sentenced to death in June 1983.
*Excludes 269 inmates for whom the date of arrest for capital offense was not available.

Capital Punishment, 2005

7

Criminal history patterns differed by
race and Hispanic origin. More blacks
(70%) than whites (62%) or Hispanics
(61%) had a prior felony conviction.
About the same percentage of whites
(8%), blacks (9%), and Hispanics (7%)
had a prior homicide conviction. A
slightly higher percentage of Hispanics (23%) or blacks (17%) than whites
(14%) were on parole when arrested
for their capital offense.

Table 8. Criminal history profile of prisoners under sentence of death,
by race and Hispanic origin, 2005
Number of prisoners
under sentence of death

Percent of prisoners
under sentence of deatha

Allb Whitec Blackc Hispanic

Allb

Whitec

Blackc

Hispanic

U.S. total

3,254

1,472

1,359

362

100%

100%

100%

100%

Prior felony
convictions
Yes
No
Not reported

1,936
1,042
276

833
520

868
367

204
129

65.0%
35.0.

61.6%
38.4

70.3%
29.7

61.3%
38.7

Number of persons sentenced to
death decreased for third straight
year

Prior homicide
convictions
Yes
No
Not reported

269
2,926
59

121
1,327

116
1,214

26
331

8.4%
91.6

8.4%
91.6

8.7%
91.3

7.3%
92.7

Between January 1 and December 31,
2005, 24 State prison systems and the
Federal Bureau of Prisons reported
receiving 128 inmates under sentence
of death. More than half of the inmates
were received in 5 jurisdictions: California (23), Florida (15), Texas (14),
Alabama (12), and Arizona (8).

Legal status at time
of capital offense
Charges pending
Probation
Parole
On escape
Incarcerated
Other status
None
Not reported

227
307
471
42
102
14
1,752
339

115
116
186
23
53
5
825

92
148
202
12
39
7
707

17
37
74
6
8
1
184

7.8%
10.5
16.2
1.4
3.5
0.5
60.1

8.7%
8.8
14.1
1.7
4.0
0.4
62.4

7.6%
12.3
16.7
1.0
3.2
0.6
58.6

5.2%
11.3
22.6
1.8
2.4
0.3
56.3

All 128 prisoners who were received
under sentence of death had been
convicted of murder; 5 were female. By
race, 70 were white and 52 were black.
Of the 128 new admissions, 17 were
Hispanic.
Year
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005

Inmates received under
sentence of death
325
323
281
306
283
236
166
168
153
138
128

The 128 admissions to death row in
2005 marked a decline of 10 from the
138 admissions recorded in 2004, and
represented the smallest number
received in a year since 44 persons
were admitted in 1973 (not shown in
table).
109 persons had their death
sentences removed or overturned
Twenty-two States and the Federal
Bureau of Prisons reported 109 persons whose death sentences were
removed or overturned. Appeals courts
vacated 59 sentences while upholding
8 Capital Punishment, 2005

aPercentages

are based on those offenders for whom data were reported. Detail may not add to
total because of rounding.
bIncludes American Indians, Alaska Natives, Asians, Native Hawaiians, and other Pacific Islanders.
c
White and black categories exclude Hispanics.

the convictions and vacated 8 sentences while overturning the convictions. Texas reported the largest number of inmates whose death sentences
were removed (31 removals). Two
States reported commutations of death
sentences: Indiana (2) and Virginia (1).
Thirty-nine inmates in six States had
their death sentences removed
because a portion of the statute under
which they were sentenced was delcared unconstitutional.
As of December 31, 2005, 89 of 107
persons who were formerly under sentence of death were serving a life sentence. One inmate had been resentenced to 50 years; two to 45 years;
and one to 20 years. Two inmates
were awaiting a new trial, 11 were
awaiting resentencing, and 1 had no
action taken after being removed from
under sentence of death. The current
status of two inmates was not available.

25 persons died while under
sentence of death in 2005
Twenty-one persons under sentence of
death died from natural causes during
2005 — 6 in California; 3 in Florida; 2
each Ohio, Alabama, and Georgia; and
1 each in Arkansas, Louisiana, North
Carolina, Oklahoma, Idaho, and
Nevada. Three inmates committed suicide — one each in Ohio, Mississippi,
and Texas. One died in California as
the result of a drug overdose.
6,940 persons under sentence of
death since 1977
From 1977, the year after the Supreme
Court upheld the constitutionality of
revised State capital punishment laws,
to 2005, a total of 6,940 persons
entered prison under sentence of
death. During these 29 years, 1,004
persons were executed, and 3,062
were removed from under a death sentence by appellate court decisions and
reviews, commutations, or death.1
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.

According to data collected by the Federal Government, from 1930 to 2005,
4,863 persons were executed under
civil authority (table 9). Military authorities carried out an additional 160 executions between 1930 and 1961 (not
shown in table).

Admissions and removals from a death sentence, 1977-2005
Number of inmates

300

Admissions

Table 9. Number of persons executed,
by jurisdiction, 1930-2005

200

Number executed
State

Removals

U.S. total

100

0
1977

1981

1985

1989

1993

1997

2001

2005

Figure 3

Among individuals who received a
death sentence between 1977 and
2005, 3,388 (49%) were white, 2,825
(41%) were black, 611 (9%) were Hispanic, and 116 (2%) were other races.
The distribution by race and Hispanic
origin of the 4,066 inmates who were
removed from death row between
1977 and 2005 was as follows: 2,101
whites (52%), 1,646 blacks (40%), 264
Hispanics (7%), and 55 persons of
other races (1%). Of the 1,004 who
were executed, 584 (58%) were white,
339 (34%) were black, 67 (7%) were
Hispanic, and 14 (1%) were of other
races.
60 inmates were executed during
2005
During 2005 Texas carried out 19 executions; Indiana, Missouri, and North
Carolina each executed 5 persons;
Ohio, Alabama, and Oklahoma, 4 persons each; Georgia and South Carolina, 3 each; California, 2; and Connecticut, Arkansas, Delaware, Florida,
Maryland, and Mississippi, 1 each. The
inmate executed in Connecticut was
the first execution in that State since
1960.

Fifty-nine of the inmates executed in
2005 were male and one was female.
Thirty-eight were white; 19 were black;
and 3 were Hispanic.
After the Supreme Court reinstated the
death penalty in 1976, 33 States and
the Federal Government executed
1,004 prisoners:
1977
1979
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992

Since 1930 Since 1977

1
2
1
2
5
21
18
18
25
11
16
23
14
31

1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005

38
31
56
45
74
68
98
85
66
71
65
59
60

During this 29-year period, 5 States
executed 654 prisoners: Texas (355),
Virginia (94), Oklahoma (79), Missouri
(66), and Florida (60). These States
accounted for two-thirds of all executions. Between 1977 and 2005, 993
men were executed: 575 were white
non-Hispanic; 337, black non-Hispanic; 67, Hispanic; 8, American
Indian; and 6, Asian. Eleven women
were executed: 9 white non-Hispanic
and 2 black non-Hispanic.

Texas
Georgia
New York
California
North Carolina
Florida
South Carolina
Ohio
Virginia
Alabama
Mississippi
Louisiana
Pennsylvania
Arkansas
Oklahoma
Missouri
Kentucky
Illinois
Tennessee
New Jersey
Maryland
Arizona
Indiana
Washington
Colorado
Nevada
District of Columbia
West Virginia
Federal system
Massachusetts
Delaware
Connecticut
Oregon
Utah
Iowa
Kansas
New Mexico
Montana
Wyoming
Nebraska
Idaho
Vermont
New Hampshire
South Dakota

4,863

1,004

652
405
329
304
302
230
197
191
186
169
161
160
155
145
139
128
105
102
94
74
73
60
57
51
48
40
40
40
36
27
26
22
21
19
18
15
9
8
8
7
4
4
1
1

355
39
0
12
39
60
35
19
94
34
7
27
3
27
79
66
2
12
1
0
5
22
16
4
1
11
0
0
3
0
14
1
2
6
0
0
1
2
1
3
1
0
0
0

Capital Punishment, 2005

9

Between 1977 and 2005, 7,320 prisoners were under death sentences for
varying lengths of time (table 10). The
1,004 executions accounted for 14% of
those under sentence of death. A total
of 3,062 prisoners (42%) were
removed by means other than execution. A higher percentage of whites
(16%) were executed as compared
with both blacks and Hispanics (11%
each). Somewhat larger percentages
of blacks (43%) and whites (42%) than
Hispanics (31%) were removed from
under a death sentence by means
other than execution.

Persons executed, 1930-2005
200
180
160
140
120
100
80
60

60

40

Inmates executed in 2005 had been
under sentence of death an average
of 12 years and 3 months

20
0
1930
Figure 4

Among all prisoners executed between
1977 and 2005, the average time
between the imposition of the most
recent sentence received and execution was more than 10 years (table 11).
White prisoners had spent an average
of 10 years and 3 months, and black
prisoners, 10 years and 11 months.

Total
Lethal injection
Electrocution
Lethal gas
Hanging
Firing squad

Race/Hispanic
originb
Total
Whitec
Blackc
Hispanic
All other racesc,d
a

Executions, 1977-2005
AmeriHis- can
White Black panic Indian Asian
584
491
80
8
3
2

339
267
69
3
0
0

67
65
2
0
0
0

10 Capital Punishment, 2005

8
7
1
0
0
0

1950

1960

1990

2000

Table 10. Executions and other dispositions of inmates sentenced to death,
by race and Hispanic origin, 1977-2005

For the 1,004 prisoners executed
between 1977 and 2005, the most
common method of execution was
lethal injection (836). Other methods
used included electrocution (152),
lethal gas (11), hanging (3), and firing
squad (2).

Method of
execution

1940

6
6
0
0
0
0

Total under
sentence
of death
1977-2005b
7,320
3,573
3,005
626
116

Prisoners executed
Percent
Number of total
1,004
584
339
67
14

13.7%
16.3%
11.3
10.7
12.1

Prisoners who received
other dispositionsa
Percent
Number of total
3,062
1,517
1,307
197
41

41.8%
42.5%
43.5
31.5
35.3

Includes 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 6 persons sentenced to death prior to 1977 who were still under sentence of
death on 12/31/05; 374 persons sentenced to death prior to 1977 whose death sentence
was removed between 1977 and 12/31/2005; and 6,940 persons sentenced to death
between 1977 and 2005.
c
Excludes persons of Hispanic origin.
d
Includes American Indians, Alasks Natives, Asians, Native Hawaiians, and other Pacific
Islanders.

2005

Among prisoners under sentence of
death at yearend 2005, the average
time spent in prison was 10 years and
8 months, up 6 months from that in
2004. The median time between the
imposition of a death sentence and
yearend 2005 was 9 years and 10
months.
Inmates under
sentence of death
Total
Male
Female
White
Black
Hispanic

Elapsed time
since sentencing
Mean
Median
128 mo
129
90
132
129
114

118 mo
118
85
122
121
97

Overall, the average time for women
was 7 years and 6 months, 39 months
less than that for men (10 years and 9
months). On average, whites, blacks,
and Hispanics had spent from 114 to
132 months under a sentence of
death.

Table 11. Time under sentence of death and execution, by race, 1977-2005
Average elapse time from
sentence to execution for:

Number executed
Year of execution
Total
1977-83
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005

All racesa
1,004
11
21
18
18
25
11
16
23
14
31
38
31
56
45
74
68
98
85
66
71
65
59
60

Whiteb

Blackb

648
9
13
11
11
13
6
8
16
7
19
23
20
33
31
45
48
61
49
48
53
44
39
41

All racesa

341
2
8
7
7
12
5
8
7
7
11
14
11
22
14
27
18
33
35
17
18
20
19
19

125 mo
51 mo
74
71
87
86
80
95
95
116
114
113
122
134
125
133
130
143
137
142
127
131
132
147

Whiteb
123 mo
49 mo
76
65
78
78
72
78
97
124
104
112
117
128
112
126
128
143
134
134
130
135
132
144

Blackb
131 mo
58 mo
71
80
102
96
89
112
91
107
135
121
132
144
153
147
132
141
142
166
120
120
132
155

Note: Average time was calculated from the most recent sentencing date.
aIncludes American Indians, Alaska Natives, Asians, Native Hawaiians, and
other Pacific Islanders.
b
Includes Hispanics.

Advance count of executions: January 1, 2006 – November 30, 2006
To provide the latest data on capital
punishment, BJS gathers information
following each execution. The data
include the date of execution, the
jurisdiction, method used, and the
name, race, and gender of each person executed.
From January 1, 2006, through
November 30, 2006, 14 States had
executed 52 inmates, 3 fewer than the
number executed during the same
period in 2005.
Two States accounted for more than
half of the executions carried out during this period: Texas performed 24,
and Ohio executed 5.
Lethal injections accounted for 51 of
the executions; electrocution, for 1.
Thirty-one of those executed were
white and 21 were black. No women
were executed.

Number of
executions Method used

Jurisdiction
Texas
Ohio
North Carolina
Oklahoma
Virginia*
Florida
Indiana
Alabama
Mississippi
South Carolina
Tennessee
California
Montana
Nevada

24
5
4
4
4
3
1
1
1
1
1
1
1
1

Total

52

Lethal injection
Lethal injection
Lethal injection
Lethal injection
Lethal injection
Lethal injection
Lethal injection
Lethal injection
Lethal injection
Lethal injection
Lethal injection
Lethal injection
Lethal injection
Lethal injection

*Virginia executed 1 prisoner by electrocution.

Final counts for 2006 will appear in
Capital Punishment 2006, to be
released in late 2007. This annual
report will consist of data collected
from State and Federal correctional
agencies. The report will cover all persons under sentence of death on
December 31, 2006, as well as those
removed from under sentence of
death.
Capital Punishment, 2005

11

U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics

*NCJ~215083*

PRESORTED STANDARD
POSTAGE & FEES PAID
DOJ/BJS
Permit No. G-91

Washington, DC 20531

Official Business
Penalty for Private Use $300

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 corrections in each jurisdiction
currently authorizing capital punishment; and 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 on the
BJS website <www.ojp.usdoj.gov/bjs/
abstract/cp05.htm>.
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.

12 Capital Punishment, 2005

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 population under sentence of death not at
sentencing but at the time they are
admitted to a State or Federal correctional facility; (2) If inmates entered
prison under a death sentence or were
reported as being relieved of a death
sentence in one year but the court had
acted in the previous year, the counts
are adjusted to reflect the dates of
court decisions (see note on table 4 for
the affected jurisdictions); and
(3) NPS counts are always for the last
day of the calendar year and will differ
from counts for more recent periods.
This report in portable document
format and in ASCII and its related
statistical data and tables are
available at the BJS World Wide
Web Internet site: <http://
www.ojp.usdoj.gov/bjs/abstract/
cp05.htm>.
Office of Justice Programs
Partnerships for Safer Communities
http://www.ojp.usdoj.gov

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. Jeffrey L.
Sedgwick 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. Thomas P. Bonczar
provided statistical verification.
James J. Stephen and Lyndon Diaz
provided statistical review. Tina L.
Dorsey and Carolyn Williams
produced the report, and Jayne
Robinson prepared the report for
final printing under the supervision
of Doris J. James. At the U.S.
Census Bureau, Nicole Gist
collected the data under the
supervision of Steven M. Bittner and
Marilyn M. Monahan.
December 2006, NCJ 215083

Appendix table 1. Federal laws providing for the death penalty, 2005
8 U.S.C. 1342 — Murder related to the
smuggling of aliens.

18 U.S.C. 1111 — First-degree murder.

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

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

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. 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
kidnapping.
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
kidnapping 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-robberyrelated murder or kidnapping.
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.

Capital Punishment, 2005

13

Appendix table 2. Prisoners sentenced to death and the outcome sentence, by year of sentencing, 1973-2005

Year
of sentence

Number
sentenced
to death

Execution

Number of prisoners removed from under sentence of death
Appeal or higher courts overturned
Other Death penSentence
death alty statute
Conviction Sentence
commuted

Under
Other or sentence
unknown of death
reasons 12/31/2005

1973
1974
1975
1976
1977
1978

42
149
298
233
137
185

2
11
6
14
19
36

0
4
4
6
4
6

14
65
171
136
40
21

9
15
24
17
26
36

8
30
67
43
33
65

9
22
21
15
7
8

0
1
2
0
0
0

0
1
3
2
8
13

1979
1980
1981
1982
1983
1984

151
173
223
267
252
284

28
45
55
60
63
64

13
13
14
19
20
16

2
3
0
0
1
2

28
29
42
39
27
45

59
50
78
74
66
68

6
12
12
12
14
12

1
0
1
1
2
8

14
21
21
62
59
69

1985
1986
1987
1988
1989
1990

262
300
287
291
258
251

46
67
51
54
40
43

11
21
21
14
13
12

1
1
5
1
0
0

41
47
40
34
31
36

80
61
68
66
54
45

13
13
7
13
12
15

4
5
7
0
1
1

66
85
88
109
107
99

1991
1992
1993
1994
1995
1996

268
287
287
315
315
317

36
38
47
54
44
24

10
14
16
11
16
12

1
0
1
7
6
4

35
27
19
27
15
19

42
48
31
43
36
50

10
19
15
11
12
12

0
0
0
0
0
0

134
141
158
162
186
196

1997
1998
1999
2000
2001
2002
2003
2004
2005

275
298
277
232
162
167
153
138
128

16
15
9
8
6
1
2
0
0

6
8
8
6
3
2
3
0
1

3
3
9
4
3
4
2
2
0

21
20
16
11
5
3
0
0
0

35
27
27
26
16
9
1
0
0

5
8
10
9
2
5
0
0
0

0
0
0
0
0
0
0
0
0

189
217
198
168
127
143
145
136
127

7,662

1,004

327

512

784

1,406

341

34

3,254

Total,
1973-2005

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

14 Capital Punishment, 2005

Appendix table 3. Prisoners under sentence of death on December 31, 2005, by State and year of sentencing

State
California
Florida
Texas
Tennessee
Alabama
Arizona
Pennsylvania
Nevada
Georgia
Mississippi
North Carolina
Idaho
Kentucky
Indiana
Missouri
Arkansas
Ohio
Oklahoma
South Carolina
Maryland
Montana
Nebraska
Louisiana
Utah
New Jersey
Connecticut
Oregon
Delaware
Washington
Federal system
South Dakota
New Mexico
Colorado
Virginia
Wyoming
Illinois
New York
Total

Average
number of
years
Under
under
sentence sentence
Year of sentence for prisoners sentenced to and remaining on death row, 12/31/2005
of death, of death,
1974-82 1983-84 1985-86 1987-881989-90 1991-92 1993-941995-96 1997-981999-00 2001-02 2003 2004 2005 12/31/05 12/31/05
44
34
15
9
8
6
5
5
5
5
3
2
1
1
1
1

34
20
6
6
4
5
8
8
1

33
20
8
12
5
4
18
5
5

1
1
4
2
1

1
2
4
1
2

16
3
3
3
1
1

22
2
1

49
30
15
9
11
14
20
8
8
1
2
2
1
2
15
3

60
26
15
6
16
10
19
9
9
4
2
3

1
1
15
1
4

1
1
3
2

5
1

60
48
32
8
10
13
19
4
11
5
9
1
4
3
5
3
20
1
5

55
42
34
4
21
15
33
6
9
9
34
1
4
1
1
7
15
4
6

1
1
1
2
1

3
1
2
4
2
1

4
1
3
3
3
2
2
1

74
28
40
7
21
8
21
16
13
8
39
2
1
3
10
5
28
11
11
1
1
2
16
2
3
1
5
1
2

69
27
54
11
31
8
20
7
21
11
31

74
37
67
8
20
1
22
7
13
9
26

5
2
8
8
24
21
8
1

5
2
3
6
12
12
7
1

19

2
14
1

6
1
2
5
1

3
1

128

151

197

206

275

320

382

1
7

22
10
31
6
6
8
6
4
1
3
6

1
3
8
9
5

1
5
1
4

406

6

366

3
5
4
6
2
1
5

11
12
23
5
7
7
5
1
4
2
4
2
2
2
2
5
6
5
1

22
15
14
2
12
8
7
1
3
2
6
1
1
2
2
5
5
3

1

1
6

2
4

2
2

1
1
2
2

1
1

2

10

6

2
1
4

1

1

1
1

145

39
23
57
10
17
2
15
1
4
9
12
2
3
2
5
3
14
8
10

1
5

2
1
1
270 145 136 127

646
372
411
103
189
109
218
82
107
68
174
18
36
20
46
38
199
86
68
7
4
10
83
9
10
7
31
16
10
37
4
2
2
22
2
7
1
3,254

12.0
12.7
8.8
12.5
9.9
11.9
11.7
13.2
11.2
9.5
8.9
13.7
11.9
11.5
9.5
8.9
11.9
7.5
8.4
*
*
7.9
8.3
*
10.5
*
7.7
6.7
8.1
4.1
*
*
*
4.3
*
*
*
10.7

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.

Capital Punishment, 2005

15

Appendix table 4. Number sentenced to death and number of removals, by jurisdiction and reason
for removal, 1973-2005

State
U.S. total
Federal

Total
sentenced
to death,
1973-2005
7,662

Executed
1,004

Number of removals, 1973-2005
Sentence or
conviction
Sentence
Died
overturned commuted
327

2,702

341

Other
removals
34

Under sentence
of death,
12/31/05
3,254

47

3

0

6

1

0

37

Alabama
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Idaho

368
261
105
851
20
10
52
907
308
42

34
22
27
12
1
1
14
60
39
1

20
12
3
50
2
0
0
41
12
3

123
111
35
128
14
2
22
414
141
17

2
6
2
15
1
0
0
18
8
3

0
1
0
0
0
0
0
2
1
0

189
109
38
646
2
7
16
372
107
18

Illinois
Indiana
Kansas
Kentucky
Louisiana
Maryland
Massachusetts
Mississippi
Missouri
Montana

298
99
8
77
228
53
4
182
174
15

12
16
0
2
27
5
0
7
66
2

14
2
0
4
6
2
0
4
9
2

97
53
8
34
104
35
2
100
51
6

156
6
0
1
7
4
2
0
2
1

12
2
0
0
1
0
0
3
0
0

7
20
0
36
83
7
0
68
46
4

Nebraska
Nevada
New Jersey
New Mexico
New York
North Carolina
Ohio
Oklahoma
Oregon
Pennsylvania

30
141
52
28
10
517
388
332
56
371

3
11
0
1
0
39
19
79
2
3

3
12
3
1
0
15
19
12
1
16

12
32
31
19
9
281
140
153
22
128

2
4
0
5
0
8
11
2
0
6

0
0
8
0
0
0
0
0
0
0

10
82
10
2
1
174
199
86
31
218

Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
Washington
Wyoming

2
190
5
216
994
26
145
38
12

0
35
0
1
355
6
94
4
1

0
4
1
13
32
1
6
1
1

2
80
0
94
144
9
12
23
8

0
3
0
3
51
1
10
0
0

0
0
0
2
1
0
1
0
0

0
68
4
103
411
9
22
10
2

100%

13.1%

4.3%

35.3%

4.4%

0.4%

42.5%

Percent

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

16 Capital Punishment, 2005

Appendix table 5. Executions, by State and method, 1977-2005
State

Electrocution

Lethal gas

Hanging

U.S. total
Federal

1,004
3

836
3

152
0

11
0

3
0

2
0

Alabama
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Idaho

34
22
27
12
1
1
14
60
39
1

10
20
26
10
1
1
13
16
16
1

24
0
1
0
0
0
0
44
23
0

0
2
0
2
0
0
0
0
0
0

0
0
0
0
0
0
1
0
0
0

0
0
0
0
0
0
0
0
0
0

Illinois
Indiana
Kentucky
Louisiana
Maryland
Mississippi
Missouri
Montana
Nebraska
Nevada

12
16
2
27
5
7
66
2
3
11

12
13
1
7
5
3
66
2
0
10

0
3
1
20
0
0
0
0
3
0

0
0
0
0
0
4
0
0
0
1

0
0
0
0
0
0
0
0
0
0

0
0
0
0
0
0
0
0
0
0

1
39
19
79
2
3
35
1
355
6

1
37
19
79
2
3
29
1
355
4

0
0
0
0
0
0
6
0
0
0

0
2
0
0
0
0
0
0
0
0

0
0
0
0
0
0
0
0
0
0

0
0
0
0
0
0
0
0
0
2

94
4
1

67
2
1

27
0
0

0
0
0

0
2
0

0
0
0

New Mexico
North Carolina
Ohio
Oklahoma
Oregon
Pennsylvania
South Carolina
Tennessee
Texas
Utah
Virginia
Washington
Wyoming

Number executed

Lethal injection

Firing squad

Capital Punishment, 2005

17