U.S. Department of Justice
Office of Justice Programs

Bureau of Justice Statistics

Bulletin
November 2005, NCJ 211349

Capital Punishment, 2004
By Thomas P. Bonczar and
Tracy L. Snell
BJS Statisticians
Twelve States executed 59 prisoners
during 2004. The number executed
was 6 fewer than in 2003. Those
executed during 2004 had been under
sentence of death an average of 11
years, or 1 month longer than the
period for inmates executed in 2003.
At yearend 2004, 3,315 prisoners were
under sentence of death. California
held the largest number on death row
(637), followed by Texas (446), Florida
(364), and Pennsylvania (222). Thirtythree people were under a Federal
death sentence.
During 2004, 29 States and the
Federal prison system received 125
prisoners 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 those
sentenced in 2004 (53%).
In 2004, 59 men were executed,
including 36 whites, 19 blacks, 3
Hispanics (all white), and 1 Asian. Fiftyeight were carried out by lethal injection; one by electrocution.
From January 1, 1977, to December
31, 2004, 944 inmates were executed
by 32 States and the Federal Bureau of
Prisons. Two-thirds of the executions
occurred in 5 States: Texas (336),
Virginia (94), Oklahoma (75), Missouri
(61), and Florida (59).

Highlights
Status of death penalty, December 31, 2004
Number of prisoners
under sentence of death

Executions during 2004*
Texas
Ohio
Oklahoma
Virginia
North Carolina
South Carolina
Alabama
Florida
Georgia
Nevada
Arkansas
Maryland

23
7
6
5
4
4
2
2
2
2
1
1

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

Total

59

Total

Jurisdictions without
a death penalty
637
446
364
222
201
193
181
109
105
99
91
87
83
497

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

3,315

• At yearend 2004, 36 States and the
Federal prison system held 3,315
prisoners under sentence of death,
63 fewer than at yearend 2003.

• The 125 inmates received under
sentence of death during 2004 represent the smallest number of admissions since 1973.

• Of those under sentence of death,
56% were white, 42% were black, and
2% were of other races.

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

Persons under sentence of death
1994
2004
White
1,665
1,851
Black
1,216
1,390
American Indian
26
28
Asian
17
32
Unknown race
10
14

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

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

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

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

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

Capital punishment laws
At yearend 2004 the death penalty was
authorized by 38 States (table 1) and
the Federal Government. No State
enacted new legislation authorizing
capital punishment in 2004.
The New Jersey Supreme Court ruled
on February 3, 2004, that aggravating
factors are elements of a capital
murder under State statute and must,
therefore, be submitted to the grand
jury and returned in an indictment
(State v. Fortin, 843 A.2d 974 (2004)).
The New York Court of Appeals
overturned a portion of that State's
criminal procedure on June 24, 2004.
The decision in People v. LaValle (3
NY3d 88, 783 NYS2d 485 (Ct of Apps.
2004)) found that the requirement that
jurors in the penalty phase of a capital
trial be told that a deadlock will allow
the defendant to be eligible for parole
violated the heightened standard of
reliability in sentencing required by the
New York State Constitution.
The Kansas Supreme Court struck a
portion of that State's capital statute on
December 17, 2004 (State v. Michael
Lee Marsh II, Case No. 81, 135). The
statute states that when the existence
of aggravating circumstances is not
outweighed by any mitigating circumstances a death sentence should be
imposed (K.S.A. 21-4624(e)). The
court ruled that this was unconstitutional under the Eighth and Fourteenth
Amendments.

Table 1. Capital offenses, by State, 2004
Alabama. Intentional murder with 18
aggravating factors (Ala. Stat. Ann.
13A-5-40(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 10 aggravating factors (A.R.S.
§ 13-703(F)).

Nevada*. First-degree murder with at least 1
of 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).
Delaware*. First-degree murder with
aggravating circumstances.
Florida*. First-degree murder; felony murder;
capital drug trafficking; capital sexual battery.
Georgia*. Murder; kidnaping with bodily injury
or ransom when the victim dies; aircraft
hijacking; treason.
Idaho*. First-degree murder with aggravating
factors; aggravated kidnaping; perjury resulting
in death.

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).
New York*. First-degree murder with 1 of 13
aggravating factors (NY Penal Law §125.27).
North Carolina*. First-degree murder (NCGS
§14-17).
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).

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

Pennsylvania. First-degree murder with 18
aggravating circumstances.

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

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

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

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

Kentucky*. Murder with aggravating factors;
kidnaping with aggravating factors (KRS
532.025).
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).

Tennessee*. First-degree murder with 1 of 15
aggravating circumstances (Tenn. Code Ann.
§ 39-13-204).
Texas. Criminal homicide with 1 of 8 aggravating circumstances (TX Penal Code 19.03).
Utah*. Aggravated murder (76-5-202, Utah
Code Annotated).
Virginia*. First-degree murder with 1 of 13
aggravating circumstances (VA Code
§ 18.2-31).
Washington*. Aggravated first-degree
murder.
Wyoming. First-degree murder.

Montana. Capital murder with 1 of 9
aggravating circumstances (46-18-303 MCA);
capital sexual assault (45-5-503 MCA).
*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, New
York, North Carolina, South Dakota, Tennessee, Utah, Virginia, and Washington. Mental retardation is a mitigating factor in South Carolina.

2

Capital Punishment, 2004

Statutory changes
Persons under sentence of death, 1954-2004

During 2004, 4 States revised statutory
provisions relating to the death penalty.
By State, the changes were as follows:

3,315

California — Added to its penal code a
new section which defines mentally
retarded and procedures for determining whether a defendant is mentally
retarded (Cal. Penal Code, Section
1376). The statute exempts imposition
of a death sentence on any defendant
found to be mentally retarded and
became effective January 1, 2004.

2,500

South Dakota — Enacted a law creating a minimum age of 18 for which a
death sentence may be imposed
(SDCL 23A-27A-42), effective July 1,
2004.

3,000

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.

1954

1960

1970

1,000

500

1980

1990

2000

0
2004

Figure 1

Utah — Repealed the use of a firing
squad as a method of execution for all
persons sentenced to death on or after
May 3, 2004 (Utah Code Ann.
§77-18-5.5). The law allows for use of
a firing squad for those sentenced prior
to that date or in the event that lethal
injection is found to be unconstitutional.

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.

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
Wyoming — Revised the capital statute
While most of the 37 States authorized both capital convictions and sentences
to increase the minimum age of eligibilautomatic review of both the conviction (Ark. R. App. P. — Crim 10). Recent
ity for a death sentence from 16 to 18
and sentence, Idaho, Montana,
case law held waivers of this review
years at the time the murder was
Oklahoma, South Dakota, and Tennes- are not permitted (Newman v. State,
committed (W.S. 6-2-101(b)), effective
see required review of the sentence
No. CR02-811, 2002 Westlaw
7/1/2004.
only. In Idaho review of the conviction
31030906 (Ark. Sept. 12, 2002)).
had to be filed through appeal or
Automatic review
forfeited. In Indiana and Kentucky a
defendant could waive review of the
Of the 38 States with capital statutes at
conviction.
yearend, 37 provided for review of all
death sentences regardless of the
In Virginia a defendant could waive an
defendant's wishes. In South Carolina
appeal of trial court error but could not
the defendant had the right to waive
waive review of the death sentence for
sentence review if he or she was
arbitrariness and proportionality.
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.

Capital Punishment, 2004

3

Table 2. Method of execution, by State, 2004
Lethal injection
a

Alabama
Arizonaa,b
Arkansasa,c
Californiaa
Colorado
Connecticut
Delawarea,g
Floridaa
Georgia
Idahoa
Illinois
Indiana
Kansas
Kentuckya,d
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

a
Authorizes 2 methods of execution.
b
Authorizes lethal injection for
persons sentenced after
11/15/92; the condemned
sentenced before that date may
select lethal injection or gas.
c
Authorizes lethal injection for
those whose capital offense
occurred on or after 7/4/83; the
condemned whose offense
occurred before that date may
select lethal injection or electrocution.
d
Authorizes lethal injection for
persons sentenced on or after
3/31/98; the condemned sentenced before that date may
select lethal injection or
electrocution.

Electrocution
a

Table 3. Minimum age authorized for capital
punishment, 2004
Lethal gas

Alabama
Arkansasa,c
Floridaa
Kentuckya,d
Nebraska
Oklahomaf
South Carolinaa
Tennesseea,h
Virginiaa

Arizonaa,b
Californiaa
Missouria
Wyominga,e

Age 16 or less

Age 17

Age 18

Alabama (16)
Arkansas (14)a
Delaware (16)
Kentucky (16)
Mississippi (16)e
Nevada (16)
Oklahoma (16)
Utah (14)f
Virginia (14)f

Florida
Georgia
New Hampshire
North Carolinac
Texas

California
Colorado
Connecticutb
Federal system
Illinois
Indiana
Kansas
Maryland
Missourig
Nebraska
New Jersey
New Mexico
New York
Ohio
Oregon
Tennessee
South Dakota
Washington
Wyoming

Hanging
Firing squad
Delawarea,g
Idahoa
New Hampshirea,i Oklahomaf
Utahj
Washingtona

e
Authorizes 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.
i
Authorizes hanging only if lethal
injection cannot be given.
j
Authorizes firing squad if lethal injection is held unconstitutional.

Method of execution
As of December 31, 2004, lethal injection was the predominant method of
execution (37 States) (table 2).

Note: Reporting by States reflects
interpretations by State attorney
generals’ offices and may differ
from previously reported ages.
a
See Ark. Code Ann.
9-27-318(c)(2)(Supp. 2001).
b
See Conn. Gen. Stat.
53a-46a(g)(1).
c
Age required is 17 unless the
murderer was incarcerated for
murder when a subsequent
murder occurred; then the age
may be 14.
d
Montana law specifies that
offenders tried under the capital
sexual assault statute be 18 or
older. Age may be a mitigating
factor for other capital crimes.

depending on the date of sentencing;
1 authorized hanging only if lethal
injection could not be given; and if
lethal injection is ever ruled to be
unconstitutional, 1 authorized lethal
gas, 1 authorized electrocution or firing
squad, and 1 authorized firing squad.

Nine States authorized electrocution;
four States, lethal gas; three States,
hanging; and three States, firing squad. The method of execution of Federal
prisoners is lethal injection, pursuant to
Seventeen States authorized more
28 CFR, Part 26. For offenses under
than 1 method — lethal injection and
the Violent Crime Control and Law
an alternative method — generally at
Enforcement Act of 1994, the method
the election of the condemned
is that of the State in which the convicprisoner; however, 5 of these 17 stipu- tion took place (18 U.S.C. 3596).
lated which method must be used

4

Capital Punishment, 2004

None
specified
Arizona
Idaho
Louisiana
Montanad
Pennsylvania
South Carolina

e
The minimum age defined by
statute is 13, but the effective
age is 16 based on interpretation of
U.S. Supreme Court decisions by
the Mississippi Supreme Court.
f
The minimum age for transfer to
adult court by statute is 14, but the
effective age is 16 based on interpretation of U.S. Supreme Court
decisions by the State attorney
general's office.
g
The minimum age defined by
statute is 16, but the effective age
is 18 based on interpretation of the
8th Amendment of the U.S. Constitution by the Missouri Supreme
Court.

Minimum age
In 2004 six jurisdictions did not specify
a minimum age 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. Eighteen States
and the Federal system required a
minimum age of 18. Fourteen States
indicated an age of eligibility between
14 and 17.

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

Region
and State

Prisoners under sentence
of death, 12/31/03
Totalb
Whitec Blackc

Received under
sentence of death
Totalb White Black

Removed from
death row
(excluding executions)a
Totalb White Black

Totalb

Executed
White Black

Prisoners
under sentence
of death, 12/31/04
Totalb White Black

3,378

1,883

1,417

125

75

50

129

68

58

59

39

19

3,315 1,851

1,390

23
3,355

6
1,877

16
1,401

10
115

6
69

4
46

0
129

0
68

0
58

0
59

0
39

0
19

33
12
3,282 1,839

20
1,370

Northeast
Connecticut
New Hampshire
New Jersey
New York
Pennsylvania

255
7
0
14
5
229

94
4
0
8
3
79

150
3
0
6
2
139

7
1
0
1
0
5

2
1
0
0
0
1

5
0
0
1
0
4

20
1
0
4
3
12

10
1
0
4
2
3

10
0
0
0
1
9

0
0
0
0
0
0

0
0
0
0
0
0

0
0
0
0
0
0

242
7
0
11
2
222

86
4
0
4
1
77

145
3
0
7
1
134

Midwest
Illinois
Indiana
Kansas
Missouri
Nebraska
Ohio
South Dakota

311
2
31
6
52
7
209
4

169
2
23
4
27
6
103
4

139
0
8
2
25
1
103
0

13
4
0
1
2
1
5
0

9
3
0
1
2
1
2
0

4
1
0
0
0
0
3
0

19
0
4
7
2
0
6
0

12
0
2
5
2
0
3
0

7
0
2
2
0
0
3
0

7
0
0
0
0
0
7
0

5
0
0
0
0
0
5
0

2
0
0
0
0
0
2
0

298
6
27
0
52
8
201
4

161
5
21
0
27
7
97
4

134
1
6
0
25
1
101
0

1,869
193
40
16
364
110
34
87
11
69
194
101
71
98
454
27

1,017
101
17
12
238
56
27
27
4
33
74
55
38
57
263
15

826
91
23
4
126
53
7
59
7
35
113
38
33
39
186
12

75
7
2
2
9
3
1
6
1
2
4
5
5
3
23
2

43
4
2
1
5
2
1
4
0
0
3
3
2
2
14
0

32
3
0
1
4
1
0
2
1
2
1
2
3
1
9
2

61
5
2
1
7
2
1
6
2
1
13
9
1
2
8
1

23
2
2
0
3
0
1
1
0
0
2
7
1
1
2
1

36
2
0
1
4
2
0
5
2
1
11
1
0
1
6
0

50
2
1
0
2
2
0
0
1
0
4
6
4
0
23
5

32
2
0
0
1
2
0
0
1
0
3
4
4
0
11
4

17
0
1
0
1
0
0
0
0
0
1
1
0
0
12
1

1,833 1,005
193
101
39
17
17
13
364
239
109
56
34
27
87
30
9
3
70
33
181
72
91
47
71
35
99
58
446
264
23
10

805
92
22
4
125
52
7
56
6
36
102
38
36
39
177
13

U.S. total
Federald
State

South
Alabama
Arkansas
Delaware
Florida
Georgia
Kentucky
Louisiana
Maryland
Mississippi
North Carolina
Oklahomae
South Carolina
Tennesseee
Texas
Virginia

920
597
286
West
Arizona
124
103
14
California
630
374
230
Colorado
3
1
2
Idaho
22
22
0
Montana
5
4
0
Nevadaf
84
51
32
New Mexico
2
2
0
Oregon
28
26
1
Utah
10
7
2
Washington
11
6
5
Wyoming
1
1
0
Note: Some figures shown for yearend 2003
are revised from those reported in Capital
Punishment, 2003, NCJ 206627. The revised
figures include 16 inmates who were either
reported late to the National Prisoner Statistics
program or were not in custody of State correctional authorities on 12/31/03 (3 each in Mississippi, California, and Idaho; 2 in Texas; and 1
each in Ohio, Alabama, Tennessee, Arizona,
and Washington) and exclude 12 inmates who
were relieved of a death sentence before
12/31/03 (4 in Indiana; 2 in California; and 1
each in Pennsylvania, Ohio, Georgia, Kentucky,
North Carolina, and Texas).

20
15
5
29
23
5
4
4
0
23
18
4
11
8
3
4
3
1
0
0
0
0
0
0
1
1
0
1
1
0
0
0
0
1
1
0
1
0
1
0
0
0
0
0
0
0
0
0
2
1
1
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1
1
0
0
0
0
a
Includes 19 deaths from natural causes (4 each
in Ohio and California; 3 in Florida, 2 in Texas,
and 1 each in Alabama, Kentucky, Louisiana,
North Carolina, Oklahoma, and Idaho); and 3
deaths from suicide (1 each in Virginia, Texas,
and Montana).
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.

2
2
0
909
587
286
0
0
0
105
89
10
0
0
0
637
379
232
0
0
0
3
1
2
0
0
0
22
22
0
0
0
0
4
3
0
2
2
0
83
49
33
0
0
0
2
2
0
0
0
0
30
27
2
0
0
0
10
7
2
0
0
0
11
6
5
0
0
0
2
2
0
d
Excludes persons held under Armed Forces
jurisdiction with a military death sentence for
murder.
e
One inmate who was previously in the custody
of Oklahoma has been transferred to Tennessee where he is under a separate sentence of
death.
f
Race has been changed from white to black for
1 inmate.

Capital Punishment, 2004

5

Characteristics of prisoners under
sentence of death at yearend 2004

Persons uder sentence of death, by race, 1968-2004
Number under sentence of death
on December 31
2,000

Thirty-six States and the Federal prison
system held a total of 3,315 prisoners
under sentence of death on December
31, 2004, a decrease of 63 since the
end of 2003 (table 4). This was the
fourth consecutive year that the
number of prisoners under a sentence
of death declined, down from 3,601 on
December 31, 2000.

1,851
White
1,500

1,390
Black
1,000

Three States reported 44% of the
500
Nation’s death row population: California (637), Texas (446), and Florida
(364). The Federal Bureau of Prisons
All other races
held 33 inmates at yearend. Of the 39
0
jurisdictions authorizing the death
1968
1978
1988
1998
penalty during 2004, New Hampshire
and Kansas had no one under a capital Figure 2
sentence, and New York, South
Table 5. Demographic characteristics of prisoners
Dakota, Colorado, Montana, New
under sentence of death, 2004
Mexico, and Wyoming had 4 or fewer.
Among the 37 jurisdictions with prisoners under sentence of death at yearend
2004, 9 had more inmates than a year
earlier, 15 had fewer inmates, and 13
had the same number. The largest
increase occurred in the Federal
Bureau of Prisons (10), followed by
California (7), Illinois (4), and Oregon
(2). The largest decreases were in
Arizona (19), North Carolina (13), and
Oklahoma (10).
During 2004 the number of white and
black inmates under sentence of death
declined (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% (3,263) of all
prisoners under sentence of death
(table 5). Whites accounted for 56%;
blacks accounted for 42%; and other
races (2%) included 28 American
Indians, 32 Asians, and 14 persons
whose race was unknown. Among
those for whom ethnicity was known,
13% were Hispanic.

Characteristic
Total number under sentence of death

74
2004

Prisoners under sentence of death, 2004
Yearend
Admissions
Removals
3,315

125

188

Gender
Male
Female

98.4%
1.6

96.0%
4.0

100%
0

Race
White
Black
All other races*

55.8%
41.9
2.2

60.0%
40.0
0

56.9%
41.0
2.1

Hispanic origin
Hispanic
Non-Hispanic

12.6%
87.4

15.2%
84.8

8.5%
91.5

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

15.1%
37.2
38.5
9.2
11th

14.0%
44.1
33.3
8.6
11th

16.6%
37.3
37.3
8.9
11th

Marital status
Married
Divorced/separated
Widowed
Never married

22.1%
20.6
2.9
54.4

15.0%
22.0
6.0
57.0

23.9%
22.8
3.9
49.4

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
413
481
335

Admissions
20
32
25

Removals
24
19
8

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

6

Capital Punishment, 2004

During 2004 the number of women
sentenced to be executed increased
from 47 to 52 (table 6). Five women
were received under sentence of
death; none was removed from death
row. Women were under sentence of
death in 19 States. More than 6 in 10
women on death row at yearend were
being held in four States: California,
Texas, Pennsylvania, and North
Carolina.
State

Women under sentence
of death, 12/31/04
All races*
White
Black

Total

52

33

16

California
Texas
Pennsylvania
North Carolina
Alabama
Tennessee
Arizona
Ohio
Delaware
Florida

15
9
5
4
3
2
2
1
1
1

11
4
2
2
1
2
2
1
1
1

2
5
3
1
2
0
0
0
0
0

1
1
1
1
1
1
1
1
1

1
1
1
1
1
1
0
0
0

0
0
0
0
0
0
1
1
1

Georgia
Kentucky
Mississippi
Oklahoma
Virginia
Idaho
Indiana
Louisiana
Nevada

*Includes races other than white and black.

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

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

The gender, race, and Hispanic origin
of those under sentence of death at
yearend 2004 were as follows:

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

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

Death
sentence Under sentence
removedb of death, 12/31/04
Hispanics Hispanics Women
14
367
52

2
1
20
1
129
1
1

0
3
1
0
14
0
0

0
0
2
0
2
0
0

0
0
1
0
1
0
0

0
0
4
1
0
0
0

2
1
18
0
131
1
1

0
3
2
0
15
0
0

2
30
2
0
0
1
1

0
1
1
1
0
1
1

0
2
1
0
2
0
0

1
0
0
0
0
0
0

0
1
0
0
0
0
0

2
31
3
0
2
1
1

1
1
1
1
0
1
1

1
0
1
7
1
1
4

1
1
0
1
0
0
4

0
0
1
0
0
0
0

0
0
0
0
0
0
0

0
0
0
0
0
1
1

1
0
2
7
1
0
3

1
1
0
1
0
0
4

5
5
2
23
1
121
2
0

1
0
0
5
2
8
0
1

0
0
0
0
0
6
0
0

0
1
0
0
0
1
0
0

0
2
0
1
0
3
0
0

5
3
2
22
1
124
2
0

1
1
0
5
2
9
0
1

The count of Hispanics under sentence of death at yearend 2003 has been revised.
Includes 3 Hispanic men in Texas who were executed in 2004. No women were removed
from under sentence of death in 2004.

b

Male
Hispanic
Female
Hispanic

Received under
sentence of death
Hispanics Women
16
5

a

The number of Hispanics under
sentence of death rose from 365 to
367 during 2004. Sixteen Hispanics
were received under sentence of
death, 11 were removed from death
row, and 3 were executed. More than
three-quarters of the Hispanics were
held in 3 States: California (131),
Texas (124), and Florida (31).

Persons under sentence
of death, 12/31/04
White
Black Other races
1,818
1,374
71
333
13
16
33
16
3
3
0
2

Under sentence
of death, 12/31/03a
Hispanics Women
365
47

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

Age
Total number under
sentence of death on 12/31/04

Prisoners under sentence of death
On December 31, 2004
At time of arrest
Number*
Percent
Number
Percent
3,058
63
338
824
676
506
323
178
89
40
15
4
2

100%
2.1
11.1
26.9
22.1
16.5
10.6
5.8
2.9
1.3
0.5
0.1
0.1

3,315
0
1
95
364
532
589
603
494
292
219
82
44

Mean age

28 yrs.

41 yrs.

Median age

27 yrs.

40 yrs.

100%
-2.9
11.0
16.0
17.8
18.2
14.9
8.8
6.6
2.5
1.3

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.

Capital Punishment, 2004

7

On December 31, 2004, 34% of all
inmates were age 30 to 39, and 63%
were age 25 to 44. The youngest
offender under sentence of death was
18; the oldest was 89.
Criminal history of inmates under
sentence of death in 2004
Among inmates under a death
sentence on December 31, 2004, for
whom criminal history information was
available, 64% 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. Less 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.

Criminal history patterns differed by
race 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 prior
homicide conviction (8%). A slightly
higher percentage of Hispanics (22%)
or blacks (17%) than whites (14%)
were on parole when arrested for their
capital offense.
Since 1988 data have been collected
on the number of death sentences
imposed on entering inmates. Among
the 4,283 individuals received under
sentence of death during that time, 1 in
7 entered with 2 or more death
sentences.
Number of death sentences
received
Total
1
2
3 or more

Inmates
100%
86
10
4

Number admitted under
sentence of death, 1988-2004

4,283

Table 8. Criminal history profile of prisoners under sentence of death,
by race and Hispanic origin, 2004
Percent of prisoners
Number of prisoners
under sentence of death
under sentence of deatha
b
c
c
All
White Black Hispanic
Allb
Whitec Blackc

Hispanic

3,315

1,515

1,377

367

100%

100%

100%

100%

Prior felony
convictions
Yes
No
Not reported

1,965
1,084
266

861
536

876
383

199
140

64.4% 61.6%
35.6
38.4

69.6%
30.4

58.7%
41.3

Prior homicide
convictions
Yes
No
Not reported

268
2,985
62

123
1,366

115
1,232

25
337

8.2%
8.3%
91.8
91.7

8.5%
91.5

6.9%
93.1

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

234
316
479
44
101
15
1,792
334

116
125
190
25
54
6
848

99
149
208
12
38
7
717

18
36
73
6
7
1
193

7.8%
8.5%
10.6
9.2
16.1
13.9
1.5
1.8
3.4
4.0
0.5
0.4
60.1
62.2

8.0%
12.1
16.9
1.0
3.1
0.6
58.3

5.4%
10.8
21.9
1.8
2.1
0.3
57.8

U.S. total

a

Percentages are based on those offenders for whom data were reported.
Detail may not add to total because of rounding.
b
Includes American Indians and Asians.
c
Excludes persons of Hispanic origin.

8

Capital Punishment, 2004

Entries and removals of persons
under sentence of death
Between January 1 and December 31,
2004, 29 State prison systems and the
Federal Bureau of Prisons reported
receiving 125 inmates under sentence
of death. More than half of the inmates
were received in 6 jurisdictions: Texas
(23), California (11), the Federal
system (10), Florida (9), Alabama (7)
and Louisiana (6).
Year
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004

Inmates received under
sentence of death
327
327
322
283
306
282
235
166
169
152
125

All 125 prisoners who were received
under sentence of death had been
convicted of murder; 5 were female. By
race, 75 were white and 50 were black.
Of the 125 new admissions, 16 were
Hispanic.
The 125 admissions to death row in
2004 marked a decline of 27 from the
152 admissions recorded in 2003, and
represented the smallest number
received in a year since 44 persons
were admitted in 1973. The 10 persons
who entered the Federal prison system
in 2004 was twice the previous largest
number of annual admissions to the
Federal system since 1973 (5 in 1993
and in 2002).
Twenty-two States reported 107
persons whose death sentences were
removed or overturned. Appeals courts
vacated 72 sentences while upholding
the convictions and vacated 25
sentences while overturning the
convictions. Arizona (23 exits) had the
largest number of vacated sentences.
Four States reported 4 commutations
of a death sentence, including Indiana,
Georgia, Oklahoma, and Texas (one
each). Six inmates had their death
sentence declared unconstitutional by
the Kansas Supreme Court.

As of December 31, 2004, 57 of 107
persons who were formerly under
sentence of death were serving a
reduced sentence, 20 were awaiting a
new trial, 23 were awaiting resentencing, 1 had all capital charges dropped,
and 6 had no action taken after being
removed from under sentence of
death.
In addition, 22 persons died while
under sentence of death in 2004.
Nineteen of these deaths were from
natural causes ⎯ 4 each in Ohio and
California; 3 in Florida; 2 in Texas ; and
1 each in Alabama, Kentucky, Louisiana, North Carolina, Oklahoma, and
Idaho. Three deaths were suicides ⎯
one each in Texas, Virginia, and
Montana.

From 1977, the year after the Supreme
Court upheld the constitutionality of
revised State capital punishment laws,
to 2004, a total of 6,807 persons
entered prison under sentence of
death. During these 28 years, 944
persons were executed, and 2,928
were removed from under a death
sentence by appellate court decisions
and reviews, commutations, or death.1
Among individuals who received a
death sentence between 1977 and
2004, 3,331 (49%) were white, 2,773
(41%) were black, 593 (9%) were
Hispanic, and 110 (2%) were other
races. The distribution by race and
Hispanic origin of the 3,872 inmates
who were removed from death row
between 1977 and 2004 was as
follows: 2,001 whites (52%), 1,576
blacks (41%), 241 Hispanics (6%), and
54 persons of other races (1%). Of the
944 who were executed, 546 (58%)
were white, 320 (34%) were black, 64
(7%) were Hispanic, and 14 (1%) were
of other races.
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.

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

300

Admissions
200

Removals
100

0
1977

1981

1985

1989

1993

1997

2001

2004

Executions
According to data collected by the
Federal Government, from 1930 to
2004, 4,803 persons were executed
under civil authority (table 9).2
2

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

Table 9. Number of persons
executed, by jurisdiction, 1930-2004
Number executed
Since 1930 Since 1977

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

4,803

944

633
402
329
302
297
229
194
187
186
165
160
160
155
144
135
123
105
102
94
74
72
60
52
51
48
40
40
40
36
27
25
21
21
19
18
15
9
8
8
7
4
4
1
1

336
36
0
10
34
59
32
15
94
30
27
6
3
26
75
61
2
12
1
0
4
22
11
4
1
11
0
0
3
0
13
2
0
6
0
0
1
2
1
3
1
0
0
0

Figure 3

Capital Punishment, 2004

9

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

Persons executed, 1930-2004
200

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

180

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

40

1977
1979
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991

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

1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004

During 2004 Texas carried out 23
executions; Ohio executed 7 persons;
Oklahoma, 6 persons; Virginia, 5;
North Carolina and South Carolina, 4
each; Alabama, Florida, Georgia, and
Nevada, 2 each; and Arkansas and
Maryland, 1 each. All 59 of the inmates
executed in 2004 were male. Thirty-six
were white; 19 were black; 3 were
Hispanic; and 1 was Asian.
From 1977 to 2004, 7,187 prisoners
were under death sentences for
varying lengths of time (table 10). The
944 executions accounted for 13% of
those at risk. A total of 2,928 prisoners
(41% of those at risk) were removed by
means other than execution. A higher
percentage of whites (16%) were
executed as compared with both
blacks (11%) and Hispanics (11%).
Somewhat larger percentages of
blacks (43%) and whites (41%) than
Hispanics (29%) were removed from
under a death sentence by means
other than execution.

10

Capital Punishment, 2004

160
140
120
100
80

59

60

20
0
1930

1940

1950

1960

1970

1980

1990

2000 2004

Figure 4

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

Race/Hispanic origin
Total
c

White
Blackc
Hispanic
All other racesd
a

Total under
Prisoners executed
sentence of
Percent
death, 1977-2004b Number of total

Prisoners who received
other dispositionsa
Percent
Number
of total

7,187

944

13.1%

2,928

40.7%

3,516
2,953
608
110

546
320
64
14

15.5%
10.8
10.5
12.7

1,455
1,256
177
40

41.4%
42.5
29.1
36.4

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.
b
Includes 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.
c
Excludes persons of Hispanic origin.
d
Includes American Indians and Asians.

Among prisoners executed from 1977
to 2004, 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
1 month, and black prisoners, 10 years
and 9 months. The 59 prisoners
executed in 2004 were under sentence
of death an average of 11 years.
For the 944 prisoners executed
between 1977 and 2004, the most
common method of execution was
lethal injection (776). Other methods
used included electrocution (152),
lethal gas (11), hanging (3), and firing
squad (2).

Method of
execution
Total
Lethal
injection
Electrocution
Lethal gas
Hanging
Firing squad

Executions, 1977-2004
AmerHis- ican
White Black panic Indian Asian
546
453
80
8
3
2

320

64

248
69
3
0
0

62
2
0
0
0

8
7
1
0
0
0

6
6
0
0
0
0

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

Number executed
All racesa Whiteb
Blackb

Average elapsed time from
sentence to execution for:
All racesa
Whiteb
Blackb

Total

944

607

322

124 mo

121 mo

129 mo

1977-83
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004

11
21
18
18
25
11
16
23
14
31
38
31
56
45
74
68
98
85
66
71
65
59

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

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

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

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

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

Note: Average time was calculated from the most recent sentencing date.
a
Includes American Indians and Asians.
b
Includes Hispanics.

Advance count of executions: January 1, 2005 — November 9, 2005
Among prisoners under sentence of
death at yearend 2004, the average
time spent in prison was 10 years and
2 months, up 7 months from that in
2003. The median time between the
imposition of a death sentence and
yearend 2004 was 9 years and 2
months.
Inmates under
sentence of death
Total

Elapsed time
since sentencing
Mean
Median
122 mo

110 mo

Male
Female

122
95

111
78

White
Black
Hispanic

125
123
105

115
113
89

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

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.
As of November 9, 2005, 13 States
had executed 49 inmates, 7 fewer
than the number executed as of the
same day in 2004.
Five States accounted for nearly
three-quarters of the executions
carried out during this period: Texas
performed 17; Indiana and Missouri
each executed 5; and Alabama and
Oklahoma carried out 4 each.
Connecticut executed one inmate, the
first in that State since 1960.
Lethal injection accounted for all 49
executions.

Number of
executions Method used

Jurisdiction
Texas
Indiana
Missouri
Alabama
Oklahoma
Ohio
Georgia
North Carolina
South Carolina
Connecticut
Delaware
Florida
California
Total

17
5
5
4
4
3
3
2
2
1
1
1
1
49

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

Final counts for 2005 will appear in
Capital Punishment 2005, released
in late 2006. 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,
2005, as well as those removed from
under sentence of death.

Thirty-four of those executed were
white and 15 were black. One woman
was executed (Texas).

Capital Punishment, 2004

11

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

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/cp04.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, 2004

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 the note on table 4
for the affected jurisdictions); and (3)
This report in portable document
format and in ASCII and its related
statistical data and tables— including
five appendix tables — are available
at the BJS World Wide Web Internet
site: <http://www.ojp.usdoj.gov/bjs/>.

Office of Justice Programs
Partnerships for Safer Communities
http://www.ojp.usdoj.gov

NPS counts are always for the last day
of the calendar year and will differ from
counts for more recent periods.
All data in this report have been
reviewed for accuracy by the data
providers in each jurisdiction prior to
publication.
The Bureau of Justice Statistics
is the statistical agency of the
U.S. Department of Justice.
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 under
the supervision of Allen J. Beck. Tina
Dorsey and Carolyn C. Williams edited
the report. Jayne Robinson prepared
the report for final printing. At the U.S.
Census Bureau, Patricia A. Clark and
Nicole Gist collected the data under
the supervision of Steven M. Bittner
and Marilyn M. Monahan.
November 2005, NCJ 211349

Appendix table 1. Federal laws providing for the death penalty, 2004
8 U.S.C. 1342 — Murder related to the
smuggling of aliens.

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

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

18 U.S.C. 1116 — Murder of a foreign
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. 1118 — Murder by a Federal
prisoner.
18 U.S.C. 1119 — Murder of a U.S.
national in a foreign country.
18 U.S.C. 1120 — Murder by an escaped
Federal prisoner already sentenced to life
imprisonment.
18 U.S.C. 1121 — Murder of a State or
local law enforcement official or other
person aiding in a Federal investigation;
murder of a State correctional officer.
18 U.S.C. 1201 — Murder during a
kidnaping.
18 U.S.C. 1203 — Murder during a
hostage taking.

18 U.S.C. 794 — Espionage.
18 U.S.C. 844(d), (f), (i) — Death resulting from offenses involving transportation
of explosives, destruction of government
property, or destruction of property related
to foreign or interstate commerce.
18 U.S.C. 924(i) — Murder committed by
the use of a firearm during a crime of
violence or a drug-trafficking crime.
18 U.S.C. 930 — Murder committed in a
Federal Government facility.
18 U.S.C. 1091 — Genocide.
18 U.S.C. 1111 — First-degree murder.

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

18 U.S.C. 1958 — Murder for hire.
18 U.S.C. 1959 — Murder involved in a
racketeering offense.
18 U.S.C. 1992 — Willful wrecking of a
train resulting in death.
18 U.S.C. 2113 — Bank-robbery-related
murder or kidnaping.
18 U.S.C. 2119 — Murder related to a
carjacking.
18 U.S.C. 2245 — Murder related to rape
or child molestation.
18 U.S.C. 2251 — Murder related to
sexual exploitation of children.
18 U.S.C. 2280 — Murder committed
during an offense against maritime
navigation.
18 U.S.C. 2281 — Murder committed
during an offense against a maritime fixed
platform.
18 U.S.C. 2332 — Terrorist murder of a
U.S. national in another country.

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

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

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

18 U.S.C. 2340 — Murder involving
torture.

18 U.S.C. 1716 — Mailing of injurious
articles with intent to kill or resulting in
death.

18 U.S.C. 2381 — Treason.

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

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, 2004

13

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

Year
of sentence

Number
sentenced
to death

Number of prisoners removed from under sentence of death
Other or
Appeals or higher courts overturned—
Sentence
unknown
Other
Death pencommuted reasons
Execution death
alty statute Conviction Sentence

Under
sentence
of death
12/31/2004

1973
1974
1975
1976
1977
1978

42
149
298
233
137
185

2
11
6
14
19
36

0
4
4
5
3
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
3
9
13

1979
1980
1981
1982
1983
1984

151
173
223
267
253
284

28
45
54
59
63
61

13
13
14
18
18
16

2
3
0
0
1
2

28
29
42
39
27
44

59
50
78
74
64
67

6
12
12
12
14
12

1
0
1
1
2
8

14
21
22
64
64
74

1985
1986
1987
1988
1989
1990

264
299
288
291
258
251

45
64
51
48
39
42

10
20
21
13
11
10

1
0
5
1
0
0

41
47
40
34
31
35

81
61
66
64
53
44

12
13
6
13
12
15

4
5
7
0
1
1

70
89
92
118
111
104

1991
1992
1993
1994
1995
1996

267
288
287
314
317
317

32
35
42
44
41
21

10
13
15
11
14
10

0
0
0
0
0
0

34
27
19
25
15
20

38
45
31
36
32
42

10
19
15
11
12
11

0
0
0
0
0
0

143
149
165
187
203
213

1997
1998
1999
2000
2001
2002
2003
2004

277
300
276
232
163
168
152
125

11
14
5
6
4
1
1
0

5
8
7
5
2
1
1
0

0
2
3
1
0
2
1
1

21
20
16
10
5
2
0
0

30
25
22
22
13
5
0
0

5
8
10
8
2
5
0
0

0
0
0
0
0
0
0
0

205
223
213
180
137
152
149
124

7,529

944

301

472

778

1,348

337

34

3,315

Total,
1973-2004

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

14

Capital Punishment, 2004

Appendix table 3. Prisoners under sentence of death on December 31, 2004, by State and year of sentencing
Average
number of
Under
years
sentence sentence
Year of sentence for prisoners sentenced to and remaining on death row, 12/31/2004
of death, death as
1974-82 1983-84 1985-86 1987-88 1989-90 1991-92 1993-94 1995-96 1997-98 1999-00 2001 2002 2003 2004 12/31/04 12/31/04

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

45
34
15
9
8
7
6
6
5
5
3
2
2
1
1
1

37
21
6
6
5
2
8
5
10
1
2
1
4
1
16
3
3
3
1
1
1
1

33
20
11
12
5
5
5
4
18
1
1
2
2
4
2

50
30
17
9
13
8
8
14
23
1

24
3
1

16
3

3
2
1

5
1

4
2
2
3

62
27
16
6
17
9
9
11
20
4
3
1
3
1
1
15
1
4
1
1

1

63
49
34
8
11
12
4
13
19
6
11
3
2
4
7
3
21
1
6
1
3
1

55
44
43
4
23
11
6
17
35
9
38
1
1
4
3
8
16
7
8
4
1

1
2
1

3
2
4
2
1

3
3
2
2
1

75
28
50
7
24
13
16
9
22
9
42
5
2
1
11
6
29
15
13
1
17
2
2
1
4
1
5
1
2

70
28
61
11
34
21
7
8
21
11
31
2
1
5
9
8
25
23
8
1
21

74
39
78
8
23
13
7
2
22
9
26
2
1
5
4
7
12
12
7
2
16
1
2

26
13
24
4
6
1
1
3
4
3
9
2
2
4
2
6
3
6

12
6
6
2
1
1
1
1
8
6
5

2

7

6
2
3
5
1

2
5
1
5

210

215

292

352

416

8
9
5
1

2
3
3
2
2

11
9
23
3
7
3
1
4
5
2
4
1
1
2
2
5
5
5
1
6
1

1
2
1
5

2
2

1
1
2
2

2

10

1
7
1

159

3

1

3
1

138

22
11
31
6
6
1
4
9
6
4
6
1
1

1

2
1

150

14
11
37
6
11
3
1

428

3

1
3

5
1
2

393 137 152 149

2
1
4
124

637
364
446
99
193
109
83
105
222
70
181
27
22
34
52
39
201
91
71
9
87
10
8
4
11
7
30
17
11
33
4
3
2
23
2
2
6

11.5
12.2
8.2
11.9
9.7
11.0
12.3
11.8
11.2
8.9
8.3
12.3
11.8
11.5
9.1
8.4
11.3
7.3
7.9
*
7.7
13.9
*
*
9.4
*
6.9
5.8
7.1
3.8
*
*
*
3.5
*
*
*

3,315

10.2

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, 2004

15

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

State
U.S. total

Executed

Number of removals, 1973-2004
Sentence or con- Sentence
Died
viction overturned commuted

Other
removals

Under
sentence
of death,
12/31/04

7,529

944

301

2,598

337

34

3,315

43

3

0

6

1

0

33

Alabama
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Idaho

356
253
103
828
20
9
52
890
304
42

30
22
26
10
1
0
13
59
36
1

18
12
2
43
2
0
0
38
10
2

113
107
34
123
13
2
22
409
140
14

2
6
2
15
1
0
0
18
8
3

0
1
0
0
0
0
0
2
1
0

193
105
39
637
3
7
17
364
109
22

Illinois
Indiana
Kansas
Kentucky
Louisiana
Maryland
Massachusetts
Mississippi
Missouri
Montana

297
98
8
76
224
53
4
180
172
15

12
11
0
2
27
4
0
6
61
2

14
2
0
4
5
2
0
3
9
2

97
52
8
35
97
34
2
98
48
6

156
4
0
1
7
4
2
0
2
1

12
2
0
0
1
0
0
3
0
0

6
27
0
34
87
9
0
70
52
4

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

28
140
52
28
10
511
382
326
55
365

3
11
0
1
0
34
15
75
2
3

3
11
3
1
0
14
16
11
1
15

12
31
30
19
8
274
139
147
22
119

2
4
0
5
0
8
11
2
0
6

0
0
8
0
0
0
0
0
0
0

8
83
11
2
2
181
201
91
30
222

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

2
187
5
212
979
26
144
38
12

0
32
0
1
336
6
94
4
1

0
4
1
13
31
1
6
1
1

2
77
0
94
115
8
11
22
8

0
3
0
3
50
1
9
0
0

0
0
0
2
1
0
1
0
0

0
71
4
99
446
10
23
11
2

100%

12.5%

4.0%

34.5%

4.5%

Federal

Percent

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

16

Capital Punishment, 2004

0.5%

44.0%

Appendix table 5. Executions, by State and method, 1977-2004
State
Total
Federal system
Alabama
Arizona
Arkansas
California
Colorado
Delaware
Florida
Georgia
Idaho
Illinois
Indiana
Kentucky
Louisiana
Maryland
Mississippi
Missouri
Montana
Nebraska
Nevada
New Mexico
North Carolina
Ohio
Oklahoma
Oregon
Pennsylvania
South Carolina
Tennessee
Texas
Utah
Virginia
Washington
Wyoming

Number executed

Lethal injection

Electrocution

Lethal gas

Hanging

Firing squad

944

776

152

11

3

2

3
30
22
26
10
1
13
59
36
1
12
11
2
27
4
6
61
2
3
11
1
34
15
75
2
3
32
1
336
6
94
4
1

3
6
20
25
8
1
12
15
13
1
12
8
1
7
4
2
61
2
0
10
1
32
15
75
2
3
26
1
336
4
67
2
1

0
24
0
1
0
0
0
44
23
0
0
3
1
20
0
0
0
0
3
0
0
0
0
0
0
0
6
0
0
0
27
0
0

0
0
2
0
2
0
0
0
0
0
0
0
0
0
0
4
0
0
0
1
0
2
0
0
0
0
0
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
0
0
0
0
0
0
0
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
0
0
0
2
0
0
0

Capital Punishment, 2004

17