Subject: Capital Punishment, 1992 Capital Punishment 1992 NCJ-145031 Full text with tables available from: Bureau of Justice Statistics Clearinghouse 800-732-3277 Box 179 Annapolis Junction, MD. 20701-0179 FAX Number (for report orders and mail list signup only): 410-792-4358 For 63 years the Federal Government has published annual statistical descriptions of capital punishment. The capital punishment data series, which covers all persons sentenced to death since 1973, includes information about individuals (demographic characteristics and criminal history) and information about death sentences (time to execution and population movements). With this Bulletin we salute a Bureau of the Census employee who retires after 20 years of administering the capital punishment statistical series. We thank Arlene Rasmussen for her excellent work. We know that the State officials in corrections departments and attorneys general offices who have worked with Mrs. Rasmussen will, as we, miss her unfailing helpfulness and thoroughness. Lawrence A. Greenfeld Acting Director Capital Punishment 1992 Lawrence A. Greenfeld and James J. Stephan BJS Statisticians Thirteen States executed 31 prisoners during 1992. The number of persons executed was more than double the 14 executed in 1991, and it was the largest for any year since the U.S. Supreme Court reinstated capital punishment in 1976. The prisoners executed during 1992 had been under sentence of death an average of 9 years and 6 months, about 2 months shorter than the average for inmates executed the previous year. During 1992, 265 prisoners under a sentence of death were received by State prison systems from the courts. In that year 117 persons had their death sentence overturned, 2 had their sentences commuted, and 7 died while under a death sentence. At yearend 1992, 34 States and the Federal prison system held a total of 2,575 prisoners under sentence of death, 4.5% more than at yearend 1991. All prisoners under sentence of death on December 31, 1992, had been convicted of murder. The median time since the death sentence was imposed for the 2,575 prisoners was 5 years and 7 months. For those prisoners with a known criminal history, nearly 7 in 10 under sentence of death had a prior felony conviction; about 1 in 11 had a prior homicide conviction. Approximately 2 in 5 prisoners convicted of a capital crime had a criminal justice status when they committed the offense. Nearly half of these were on parole, while the others had charges pending, were on probation, were prison inmates or escapees, or had some other criminal justice status. Slightly more than 15% of persons sentenced to death between 1988 and 1992 had received 2 or more death sentences. The majority, 1,508 (58.6%), of those under sentence of death were white; 1,029 (40.0%) were black; 24 (0.9%) were American Indian; and 14 (0.5%) were Asian American. The 196 Hispanic inmates under sentence of death accounted for 7.6% of those inmates for whom Hispanic origin was known. Thirty-six (1.4%) of the persons under a death sentence were women. The median age of all inmates under a death sentence was 35 years and the median age at which they had been sentenced to death was 29 years. Approximately 56% of those under sentence of death were held by States in the South. Western States had an additional 22%; Midwestern States, 16%; and the Northeastern States of Connecticut, New Jersey, and Pennsylvania, 6%. Texas held the largest number of death row inmates (344), followed by California (332), Florida (312), and Illinois (145). One prisoner was in Federal custody under a death sentence on December 31, 1992. Between January 1 and December 31, 1992, 28 State prison systems received 265 prisoners under sentence of death. California (37 admissions), Texas (31), Florida (27); and North Carolina (22) accounted for 44% of the inmates entering prison under a death sentence during the year. A total of 13 States executed 31 persons in 1992: 12 in Texas; 4 in Virginia; 2 each in Alabama, Arkansas, Florida, and Oklahoma; and 1 each in Arizona, California, Delaware, Missouri, North Carolina, Utah, and Wyoming. Fifteen were white non- Hispanic; 10 were black non-Hispanic; 2 were white Hispanics; 2 were white with Hispanic origin unknown; 1 was black with Hispanic origin unknown; and 1 was Native American. Twenty-one of the executions were carried out by lethal injection, 8 by electrocution, and 2 by lethal gas. From January 1, 1977, to December 31, 1992, a total of 188 executions took place in 20 States. Of these 102 (54.3%) were white, 73 (38.8%) were black, 12 (6.4%) were Hispanic, and 1 (0.5%) was Native American. During 1977-92, a total of 3,979 persons entered State prisons under sentences of death, among whom 2,320 (58.3%) were white, 1,598 (40.2%) were black, and 61 (1.5%) were of other races. Also during 1977-92, 1,598 removals from a death sentence occurred as a result of dispositions other than execution (resentencing, retrial, commutation, or death while awaiting execution). Of those removed from under a death sentence, 827 (51.7%) were white, 673 (42.1%) were black, 22 (1.4%) were Native American or Asian American, and 76 (4.8%) were Hispanic. Capital punishment laws During 1992, five States revised statutory provisions relating to the death penalty (table 1). Nearly all of the changes involved greater specification of circumstances in which capital punishment may be applied, some broadening and some narrowing provisions in the previous law. Table 1 Capital Offenses, by State, 1992 Alabama. Murder during kidnaping, robbery, rape, sodomy, burglary, sexual assault, or arson; murder of a peace officer, correctional officer, or public official; murder while under a life sentence; murder for pecuniary gain or contract; aircraft piracy; murder by a defendant with a previous murder conviction; murder of a witness to a crime; murder when a victim is subpoenaed in a criminal proceeding, when the murder is related to the role of the victim as a witness; murder when a victim is less than 14 years old; murder in which a victim is killed while in a dwelling by a deadly weapon fired from outside the dwelling; murder in which a victim is killed while in a motor vehicle by a deadly weapon fired from outside that vehicle; murder in which a victim is killed by a deadly weapon fired from a motor vehicle (13A-5-40). Arizona. First-degree murder. Arkansas. Capital murder as defined by Arkansas statute (5-10-101). Felony murder; arson causing death; intentional murder of a law enforcement officer; murder of prison, jail, court, or correctional personnel or of military personnel acting in line of duty; multiple murders; intentional murder of a public officeholder or candidate; intentional murder while under life sentence; contract murder. California. Treason; homicide by a prisoner serving a life term; first-degree murder with special circumstances; train wrecking; perjury causing execution. Colorado. First-degree murder; kidnaping with death of victim; felony murder. Connecticut. Murder of a public safety or correctional officer; murder for pecuniary gain; murder in the course of a felony; murder by a defendant with a previous conviction for intentional murder; murder while under a life sentence; murder during a kidnaping; illegal sale of cocaine, methadone, or heroin to a person who dies from using these drugs; murder during first-degree sexual assault; multiple murders. Delaware. First-degree murder with aggravating circumstances. Florida. First-degree murder; capital felonies (FS 921.141); capital drug trafficking felonies (FS 921.142). Georgia. Murder; kidnaping with bodily injury when the victim dies; aircraft hijacking; treason; kidnaping for ransom when the victim dies. Idaho. First-degree murder; aggravated kidnaping. Illinois. Murder accompanied by at least 1 of 11 aggravating factors. Indiana. Murder with 12 aggravating circumstances. Kentucky. Aggravated murder; kidnaping when victim is killed. Louisiana. First-degree murder; treason (La. R.S. 14:30 and 14:113). Maryland. First-degree murder, either premeditated or during the commission of a felony. Mississippi. Capital murder includes murder of a peace officer or correctional officer, murder while under a life sentence, murder by bomb or explosive, contract murder, murder committed during specific felonies (rape, burglary, kidnaping, arson, robbery, sexual battery, unnatural intercourse with a child, nonconsensual unnatural intercourse), and murder of an elected official. Capital rape is the forcible rape of a child under 14 years old by a person 18 years or older. Aircraft piracy. Missouri. First-degree murder (565.020 RSMO). Montana. Deliberate homicide; aggravated kidnaping when victim or rescuer dies; attempted deliberate homicide, aggravated assault, or aggravated kidnaping by a State prison inmate who has a prior conviction for deliberate homicide or who has been previously declared a persistent felony offender (46-18-303,MCA). Nebraska. First-degree murder. Nevada. First-degree murder. New Hampshire. Contract murder; murder of a law enforcement officer; murder of a kidnaping victim; killing another after being sentenced to life imprisonment without parole. New Jersey. Purposeful or knowing murder; contract murder. New Mexico. First-degree murder; felony murder with aggravating circumstances. North Carolina. First-degree murder (N.C.G.S. 14-17). Ohio. Assassination; contract murder; murder during escape; murder while in a correctional facility; murder after conviction for a prior purposeful killing or prior attempted murder; murder of a peace officer; murder arising from specified felonies (rape, kidnaping, arson, robbery, burglary); murder of a witness to prevent testimony in a criminal proceeding or in retaliation (O.R.C. secs. 2929.02, 2903.01, 2929.04). Oklahoma. Murder with malice aforethought; murder arising from specified felonies (forcible rape, robbery with a dangerous weapon, kidnaping, escape from lawful custody, first-degree burglary, arson); murder when the victim is a child who has been injured, tortured, or maimed. Oregon. Aggravated murder. Pennsylvania. First-degree murder. South Carolina. Murder with statutory aggravating circumstances. South Dakota. First-degree murder; kidnaping with gross permanent physical injury inflicted on the victim; felony murder. Tennessee. First-degree murder. Texas. Murder of a public safety officer, fireman, or correctional employee; murder during the commission of specified felonies (kidnaping, burglary, robbery, aggravated rape, arson); murder for remuneration; multiple murders; murder during prison escape; murder by a State prison inmate. Utah. Aggravated murder (76-5-202, Utah Code annotated). Virginia. Murder during the commission or attempts to commit specified felonies (abduction, armed robbery, rape, sodomy); contract murder; murder by a prisoner while in custody; murder of a law enforcement officer; multiple murders; murder of a child under 12 years during an abduction; murder arising from drug violations (18.2-31, Virginia Code as amended). Washington. Aggravated first-degree premeditated murder. Wyoming. First-degree murder, including felony murder. In one State, Tennessee, the State supreme court struck those parts of the death penalty statute related to the application of aggravating circumstances for felony murder. Also, the Tennessee legislature modified the death penalty statute to specify further a defendant's right of appeal. By State, the statutory changes were as follows: Montana--Amended the statute defining juvenile offenders and mandating treatment of juvenile offenders transferred to adult authorities (41-5- 206). Juveniles under age 16 may not be confined in State prison. Effective July 1, 1992, with juvenile court approval, a minor can be tried in adult court. If death may be imposed for the crime, a judge can consider such penalty. However, age is a mitigating factor in such cases. New Jersey--Amended the State constitution (Article 1, paragraph 12). Effective December 12, 1992, the amendment includes inflicting bodily harm causing death as an interpretation of "knowingly or purposely causing death"--thereby broadening the constitutional definition of intent to cause death. South Carolina--Revised its capital punishment statute to define mental retardation and to specify it as a mitigating circumstance in punishment for murder. [16- 3-20(C)b]. The provisions apply only to defendants mentally retarded at the time of the crime. Mental retardation is defined as "significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period." The revision was effective July 1, 1992. Tennessee--The Supreme Court [in State v. Middlebrooks, 840 S.W. 2d. 317(1992)] struck in part the application of the death penalty. An aggravating circumstance of felony murder was held to be unconstitutionally applied where the defendant's conviction is based solely on felony murder theory. The effective date was September 8, 1992. Tennessee's capital punishment statute was also revised to specify that whenever the death penalty is imposed for first degree murder, the defendant has the right of direct appeal to the court of criminal appeals. Upon being affirmed by the court of criminal appeals, the case must be automatically reviewed by the Tennessee Supreme Court, taking priority over other cases, and according to the rules of that court (39-13-206), effective May 1, 1992. Utah--Amended its capital punishment statute, effective April 7, 1992, from death or life in prison to death or life in prison without parole (Utah 76-3-206). Method of execution No State changed its method of execution during 1992, although some jurisdictions considered modifications to take effect after the end of the year. As of December 31, 1992, lethal injection (22 States) and electrocution (12 States) remained the principal methods (table 2). Six States authorized lethal gas; three States, hanging; and two States, a firing squad. Ten States authorized more than one method--lethal injection and an alternative method--generally at the election of the condemned prisoner; 3 of these 10, however, stipulated which method must be used, depending on the date of sentencing, and 1 authorized hanging only if lethal injection could not be given. Table 2 Method of execution, by State, 1992 Lethal injection Electrocution Lethal gas Hanging Firing squad Arkansas a,b Alabama Arizona Montana a Idaho a Colorado a,c Arkansas a,b California New Hampshire a,d Utah a Delaware Connecticut Colorado a, Washington Idaho a Florida Maryland Illinois Georgia Mississippi a,e Louisiana Indiana Missouri a Mississippi a,e Kentucky North Carolina a Missouri a Nebraska Montana a Ohio Nevada South Carolina New Hampshire a,b Tennessee New Jersey Virginia New Mexico North Carolina a Oklahoma Oregon Pennsylvania South Dakota Texas Utah a Washington a Wyoming Note: Federal executions are to be carried out according to the method of the State in which the inmate was sentenced. a Authorizes 2 methods of execution. b Arkansas authorizes lethal injection for those whose capital offense occurred after 7/4/83; for those whose offense occurred before that date, the condemned prisoner may select lethal injection or electrocution. c Colorado authorizes lethal gas for those whose crimes occurred before 7/1/88 and lethal injection for those whose crimes occurred on or after 7/1/88. d New Hampshire authorizes hanging only if lethal injection cannot be given. e Mississippi authorizes lethal injection for those convicted after 7/1/84; execution of those convicted prior to that date is to be carried out with lethal gas. Some States stipulated an alternative to lethal injection, anticipating that it may be found unconstitutional. Each of the other four methods, previously challenged on eighth amendment grounds as cruel and unusual punishment, has been found to be constitutional. The method of execution for Federal offenders is that of the State in which the inmate was sentenced. If that State makes no provision for the death penalty, the trial court designates another State. Automatic review Of the 36 States with capital punishment statutes at yearend 1992, 35 provided for review of all death sentences regardless of the defendant's wishes. Arkansas had no specific provisions for automatic review. The Federal death penalty procedures do not provide for automatic review after a sentence of death is imposed. While most of the 35 States authorized an automatic review of both the conviction and sentence, Idaho, Indiana, and Montana require review of the sentence only. In Idaho, review of the conviction must be appealed or forfeited. In Indiana a defendant may waive review of the conviction. The review is usually conducted by the State's highest appellate court regardless of the defendant's wishes. (In Maryland and Wyoming the question of whether a defendant may waive the right to automatic review of the sentence has not been addressed.) If either the conviction or the sentence is vacated, the case may be remanded to the trial court for additional proceedings or for retrial. As a result of pretrial or resentencing, the death sentence may be reimposed. Minimum age During 1992 no State changed its laws relating to the minimum age for capital punishment. Eight jurisdictions did not specify a minimum age for which the death penalty may 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 criminal court for trial as an adult. Eleven States and the Federal death penalty required a minimum age of 18; the remaining jurisdictions indicated various ages of eligibility between 14 and 17. Table 3 Minimum age authorized for capital punishment, yearend 1992 Age less than 18 Age 18 None specified Alabama (16) California Arizona Arkansas (14) a Colorado Delaware Georgia (17) Connecticut b Florida Indiana (16) Illinois Idaho Kentucky (16) Maryland Montana Louisiana (16) Nebraska Pennsylvania Mississippi (16) c New Jersey South Carolina Missouri (16) New Mexic Washington Nevada (16) Ohio New Hampshire (17) Oregon North Carolina (17) d Tennessee Oklahoma (16) Federal system South Dakota e Texas (17) Utah (14) Virginia (15) Wyoming (16) Note: Ages at the time of the capital offense were indicated by the offices of the State attorneys general. a Arkansas Code Ann. 9-27-318(b)(1)(Repl. 1991). b Conn. Gen. Stat. 53a-46a(g)(1). c Minimum age defined by statute is 13, but effective age is 16 based on an interpretation of U.S. Supreme Court decisions by the State attorney general's office. d Age required is 17 unless the murderer was incarcerated for murder when a subsequent murder occurred; the age then may be 14. e Age 10, but only after a transfer hearing to try a juvenile as an adult. Prisoners under sentence of death at yearend 1992 Thirty-four States and the Federal prison system held a total of 2,575 prisoners under sentence of death on December 31, 1992, a gain of 110, or 4.5% more than at the end of 1991. Seven States, which had 36% of the adult resident population reported 58% of the Nation's capital sentence population: Texas (344), California (332), Florida (312), Illinois (145), Alabama (124), Ohio (121), and Oklahoma (120). Of the 35 jurisdictions with statutes authorizing the death penalty, New Hampshire and Wyoming had no one under a capital sentence, and South Dakota, New Mexico, and the Federal prison system had 1 prisoner each. Fifty-six percent of all inmates under sentence of death were in Southern States--a region that contained 35% of the Nation's adults. For the West the percentages of all persons under sentence of death and of all adults in the residential population were about the same, whereas for the Northeast and Midwest the percentages of the population sentenced to execution were smaller than the percentages of the total adult population. U.S. total 100% 100% Northeast* 20 6 Midwest* 24 16 South 35 56 West 21 22 *Four of the nine States in the Northeast and 6 of the 12 States in the Midwest do not authorize capital sentences. In all four regions the number of prisoners under sentence of death increased during 1992. The number rose by 21, or 1.5% in the South. In the Northeast it rose by 14 inmates, or 9.6%. Slightly smaller gains occurred in the Midwest (8.4% and 32 additional offenders) and the West (8.3% and 43 additional offenders). Seven States had fewer inmates under sentence of death at yearend 1992 than a year earlier: Mississippi reported the largest decline (5), followed by Oklahoma with 4 fewer, Arkansas and Utah each with 2 fewer, and New Jersey, Georgia, and Wyomong each with 1 fewer. During 1992 the number of blacks under sentence of death rose by 50, or 5.1%; the number of whites rose by 59 or 4.1%; and the number of persons of other races (American Indians and Asians or Pacific Islanders) rose by 1, or 2.7%. The number of Hispanics sentenced to death rose from 185 to 196 during 1992. Twenty Hispanics were received under sentence of death, 7 were removed from that status, and 2 were executed. More than three-fourths of the Hispanics were in 4 States: Texas (55), California (45), Florida (31), and Arizona (21). During 1992 the number of women sentenced to be executed decreased by 1. Six women were received under sentence of death, seven were removed, and none was executed. Women were incarcerated in 14 States, with Alabama (5), and Oklahoma (4) holding the most. Women under sentence of death 12/31/92 State Total White Black Total 36 22 14 North Carolina 3 2 1 Alabama 5 5 2 Oklahoma 4 3 1 California 3 3 0 Florida 3 2 1 Illinois 3 1 2 Missouri 3 3 0 Ohio 3 0 3 Texas 3 2 1 Pennsylvania 2 0 2 Arizona 1 1 0 Indiana 1 1 0 Nevada 1 0 1 Tennessee 1 1 0 Men were 98% (2,539 of all prisoners under sentence of death). Whites predominated (58.6%); blacks comprised 40.0%; and the 1.4% of other races included 24 American Indians and 14 Asian Americans. Among those for whom Hispanic origin was known, 7.6% were Hispanic. The sex, race, and Hispanic origin of those under sentence of death at yearend 1992 were as follows: White Black Other Male 1,486 1,015 38 Hispanic 181 10 2 Female 22 14 0 Hispanic 2 1 0 Among inmates under sentence of death on December 31, 1992, for whom information on education was available, nearly three-fourths had either completed high school (36.8%) or finished 9th, 10th, or 11th grade (37.0%). A slightly higher percentage had attended some college (10.2%) than had not gone beyond 7th grade (8.0%). The median level of education was 11th grade. Of inmates under a capital sentence and with a reported marital status, nearly half had never married; somewhat more than a fourth were married when they were sentenced; and a fourth were divorced, separated, or widowed. Among all inmates under sentence of death, 45.3% were age 30 to 39 on December 31, 1992, and 61.7% were age 25 to 39. The median age was 35 years. Less than 1% were younger than 20, and about 3.3% were age 55 or older. The youngest inmate under sentence of death was age 17 (born April 1975); the oldest was 78 (born December 1914). More than half of all inmates under sentence of death at yearend 1992 were age 20 to 29 at the time of their sentencing. Entries and removals of persons under sentence of death Between January 1 and December 31, 1992, 28 State prison systems reported receiving 265 prisoners under sentence of death. Forty-four percent of the inmates were received in four States: California (37), Texas (31), Florida (27) and North Carolina (22). All 265 prisoners who had been received under sentence of death had been convicted of murder; 143 were white men, 112 were black men, 3 were Native American men, 1 was an Asian American man, 4 were white women and 2 were black women. Eighteen of the 265 new admissions were Hispanic men and 2 were Hispanic women. Twenty-one States reported a total of 117 persons whose sentence of death was overturned. Appeals courts vacated 69 sentences while upholding the convictions and vacated 45 sentences while over-turning the convictions. Florida (19 exits) had the largest number of vacated capital sentences. Indiana reported one removal by post-conviction relief, and North Carolina and Virginia each reported one commutation of a death sentence. As of December 31, 1992, 51 of the 117 were serving a reduced sentence (46 to life imprisonment, 4 to a sentence of more than 20 years, and 1 to 20 years or less), 33 were awaiting a new trial, 29 were awaiting resentencing, 2 had further prosecution dropped, 1 was found not guilty, and 1 was removed by an unspecified method. In addition, seven persons died while under sentence of death in 1992. Five of these deaths resulted from natural causes--one each in Alabama, California, Florida, Ohio, and Texas. Two suicides occurred--1 in California and 1 in Florida. Following the Supreme Court's reinstatement of the death penalty, between 1977 and 1992, a total of 3,979 persons entered State prisons under sentences of death; 1,598 persons had their death sentences removed as the result of appellate court decisions and higher court reviews, commutations, or death while under sentence; and 188 persons were executed. (Over time an individual may have entered and been removed from a capital sentence more than once.) Among individuals who received a death sentence between 1977 and 1992, 2,320 (58.3%) were white, 1,598 (40.2%) were black, and 61 (1.5%) were of other races. Among those removed from a death sentence other than by execution, 827 (51.7%) were white, 673 (42.1%) were black, 22 (1.4%) were Native American or Asian American, and 76 (4.8%) were Hispanic. Of the 188 executed, 102 (54.3%) were white, 73 (38.8%) were black, 12 (6.4%) were Hispanic, and 1 (0.5%) was Native American. Criminal history of inmates under sentence of death in 1992 Among inmates under death sentences on December 31, 1992, for whom criminal-history information was available, 68.5% had a history of felony convictions. Among those for whom information on prior homicide convictions was available, 9.4% had been sentenced for murder or manslaughter in the past. Among those for whom legal status at the time of the capital offense was reported, 41.9% had an active criminal justice status. Nearly half of these were on parole, while the others had charges pending, were on probation, were prison inmates or escapees, or had some other criminal justice status. Excluding those who had charges pending, nearly 1 in 3 (31.2%) were already under sentence for another crime when their capital offense occurred. In a number of States, being under sentence for another crime is considered an aggravating factor in capital sentencing. Criminal history patterns varied slightly by race and Hispanic origin. For example, 74.3% of blacks had prior felony conviction records compared to 65.4% of whites, and 62.4% of Hispanics. Relatively more Hispanics (16.5%) than whites (8.6%) or blacks (10.6%) had prior homicide convictions; and a higher proportion of whites (6.9%) and blacks (6.2%) than Hispanics (4.7%) had charges pending at the time of their capital offense. As of yearend 1992 the median amount of elapsed time since sentencing among prisoners under sentence of death was 64 months, and the mean time was 69 months. Overall, the average time for women was 4 years, 1 month--about two-thirds as long as for men (5 years and 10 months). Whites and blacks showed relatively little difference in average time since sentencing, both groups spending slightly longer than Hispanics. Number of months since sentencing Mean Median Total 69 64 Male 70 64 Female 49 41 White 69 64 Black 70 64 Hispanic 64 57 Since 1988 data have been collected on the number of death sentences imposed on each person entering prison under sentence of death. Among the 1,375 individuals received under sentence of death, approximately 1 in every 7 entered with 2 or more death sentences. Whites, blacks, and Hispanics had similar proportions of those with single or multiple death sentences. Executions According to data collected by the Federal Government since 1930, during the 63 years ending in 1992, a total of 4,047 persons were executed under civil authority. (Military authorities carried out an additional 160 executions between 1930 and 1992.) Since the Supreme Court reinstated the death penalty in 1976, the States have executed 188 prisoners: 1977 1 1986 18 1979 2 1987 25 1981 1 1988 11 1982 2 1989 16 1983 5 1990 23 1984 21 1991 14 1985 18 1992 31 Between 1977 and 1992, 20 States executed prisoners. Texas had the largest number (54), followed by Florida (29), Louisiana (20),Virginia (17), and Georgia (15). Between 1977 and 1992, 89 white non-Hispanics, 59 black non-Hispanics, 11 white Hispanics, 1 black Hispanic, 13 whites with Hispanic origin unknown, 14 blacks with Hispanic origin unknown, and 1 American Indian were executed. During 1992 Texas carried out 12 executions; Virginia executed 4 persons; Alabama, Arkansas, Florida, and Oklahoma, 2 each; and Arizona, California, Delaware, Missouri, North Carolina, Utah, and Wyoming, 1 each. All persons executed in 1992 were male. Fifteen were white, non-Hispanic; 10 were black, non-Hispanic; 2 were white Hispanic; 2 were white with Hispanic origin unknown; 1 was black with Hispanic origin unknown; and 1 was Native American. From 1977 to 1992, 4,361 prisoners were under death sentences for varying lengths of time. The 188 executions accounted for 4.3% of all exits from sentences of death during the 15-year period. A total of 1,598 prisoners, or 36.6% of those at risk, received other dispositions. There was no significant difference in the proportions of executed persons by race or Hispanic origin. However, relatively more blacks (38.2%) than whites (36.7%) or Hispanics (26.8%) were removed from under a death sentence by means other than execution. Among prisoners executed between 1977 and 1992, the average time between the imposition of the most recent sentence received and execution was 7 years and 6 months. White prisoners had an average of 7 years, and black prisoners, 8 years and 3 months. The 31 prisoners executed in 1992 were under a sentence of death an average of 9 years and 6 months. Among the 188 prisoners executed between 1977 and 1992, the largest number (98) were electrocuted, followed by those who received lethal injections (82), lethal gas (7), and a firing squad (1). Number of executions, 1977-92 Ameri- Means of His- can execution White Black panic Indian Asian Total 102 73 12 1 0 Lethal injection 47 23 11 1 0 Electrocution 50 47 1 0 0 Lethal gas 4 3 0 0 0 Firing squad 1 0 0 0 0 Methodological note The statistics reported in this Bulletin may differ from data collected by other organizations for a variety of reasons: (1) inmates are originally added to the National Prisoner Statistics (NPS) death-row counts not at sentencing but at the time they are admitted to a State or Federal correctional facility. (2) Subsequently, admissions to death row or releases as a result of a court order are attributed to the year in which the sentence or court order occurred; prior- year counts are, therefore, adjusted to reflect the actual dates of court decisions. (See note, table 4, for the affected jurisdictions.) (3) NPS death-row counts are always for the last day of the calendar year and will differ from counts for more recent periods. Appendix I. Current status of inmates under sentence of death, 1973-92 Between 1973 and 1992 a total of 4,704 persons were sentenced to death. The table shows the status of those received in each year with respect to their death sentence, as of December 31, 1992. For example, of the 256 persons who were sentenced to death in 1983, 20 had been executed, 10 had died while in confinement, 1 had been relieved of the death sentence because courts struck down wholly or in part the statutes under which they were sentenced, 21 had their conviction overturned on appeal, 45 had their sentence overturned on appeal, 3 had their sentence commuted, and 155 were still under a death sentence at yearend 1992. Of the 2,575 persons under sentence of death on December 31, 1992, 118 or 4.6% were sentenced prior to 1980. Florida, Georgia, Texas, Montana, and Nebraska had the inmates who had served the longest among all condemned inmates. By contrast, Oregon had no inmates sentenced prior to 1988, the Federal prison system prior to 1991, and South Dakota prior to 1992. The average time from sentence to December 31, 1992, for the 2,575 condemned inmates was 5 years and 7 months. Appendix II. Federal laws providing for the death penalty Since the Supreme Court's decision in Furman v. Georgia in 1972, striking down the death penalty as then applied, four death penalty statutes have been enacted by the Congress: *(A) Any person engaging in or working in furtherance of a continuing criminal enterprise, or any person engaging in an offense punishable under section 841(b)(1)(A) or section 960(b)(1) who intentionally kills or counsels, commands, induces, procures, or causes the intentional killing of an individual and such killing results, shall be sentenced to any term of imprisonment, which shall not be less than 20 years, and which may be up to life imprisonment, or may be sentenced to death; and (B) any person, during the commission of, in furtherance of, or while attempting to avoid apprehension, prosecution or service of a prison sentence for, a felony violation of this subchapter or subchapter II of this chapter who intentionally kills or counsels, commands, induces, procures, or causes the intentional killing of any Federal, State, or local law enforcement officer engaged in, or on account of, the performance of such officer's official duties and such killing results, shall be sentenced to any term of imprisonment, which shall not be less than 20 years, and which may be up to life imprisonment, or may be sentenced to death (21 U.S.C. 848(e)). *Espionage by a member of the Armed Forces: communication of information to a foreign government relating to nuclear weaponry, military spacecraft or satellites, early warning systems, war plans, communications intelligence or cryptographic information, or any other major weapons or defense strategy (10 U.S.C. 906(a)). *Witness tampering where death results (18 U.S.C. 1512). *Death resulting from aircraft hijacking (49 U.S.C. 1472 and 1473). The following capital punishment provisions, which were enacted prior to the Furman decision, remain in the United States Code: *Murder while a member of the Armed Forces (10 U.S.C. 918). *Destruction of aircraft, motor vehicles, or related facilities resulting in death (18 U.S.C. 32-34). *Retaliatory murder of a member of the immediate family of law enforcement officials (18 U.S.C. 115(b)(3) [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. 351 [by cross-reference to 18 U.S.C. 1111]). *Espionage (18 U.S.C. 794). *Destruction of government property resulting in death (18 U.S.C. 844(f)(d)(i)). *First-degree murder (18 U.S.C. 1111). *Mailing of injurious articles with the intent to kill or resulting in death (18 U.S.C. 1716). *Assassination or kidnaping resulting in the death of the President or Vice President (18 U.S.C. 1751 [by cross-reference to 18 U.S.C. 1111]). *Willful wrecking of a train resulting in death (18 U.S.C. 1992). *Bank-robbery-related murder or kidnaping (18 U.S.C. 2113). *Treason (18 U.S.C. 2381). *Murder of Federal judges and officers (18 U.S.C. 1114). This BJS Bulletin was written by Lawrence Greenfeld, Acting Director, and James Stephan, Statistician. Arlene Rasmussen, U.S. Bureau of the Census, collected the data under the supervision of Gertrude Odom. Craig Perkins provided statistical review. Tom Hester edited the report. Marilyn Marbrook supervised production, assisted by Betty Sherman and Jayne Pugh. December 1992 NCJ-145031 Capital Punishment 1992 NCJ-145031 Full text with tables available from: Bureau of Justice Statistics Clearinghouse 800-732-3277 Box 179 Annapolis Junction, MD. 20701-0179 FAX Number (for report orders and mail list signup only): 410-792-4358 For 63 years the Federal Government has published annual statistical descriptions of capital punishment. The capital punishment data series, which covers all persons sentenced to death since 1973, includes information about individuals (demographic characteristics and criminal history) and information about death sentences (time to execution and population movements). With this Bulletin we salute a Bureau of the Census employee who retires after 20 years of administering the capital punishment statistical series. We thank Arlene Rasmussen for her excellent work. We know that the State officials in corrections departments and attorneys general offices who have worked with Mrs. Rasmussen will, as we, miss her unfailing helpfulness and thoroughness. Lawrence A. Greenfeld Acting Director Capital Punishment 1992 Lawrence A. Greenfeld and James J. Stephan BJS Statisticians Thirteen States executed 31 prisoners during 1992. The number of persons executed was more than double the 14 executed in 1991, and it was the largest for any year since the U.S. Supreme Court reinstated capital punishment in 1976. The prisoners executed during 1992 had been under sentence of death an average of 9 years and 6 months, about 2 months shorter than the average for inmates executed the previous year. During 1992, 265 prisoners under a sentence of death were received by State prison systems from the courts. In that year 117 persons had their death sentence overturned, 2 had their sentences commuted, and 7 died while under a death sentence. At yearend 1992, 34 States and the Federal prison system held a total of 2,575 prisoners under sentence of death, 4.5% more than at yearend 1991. All prisoners under sentence of death on December 31, 1992, had been convicted of murder. The median time since the death sentence was imposed for the 2,575 prisoners was 5 years and 7 months. For those prisoners with a known criminal history, nearly 7 in 10 under sentence of death had a prior felony conviction; about 1 in 11 had a prior homicide conviction. Approximately 2 in 5 prisoners convicted of a capital crime had a criminal justice status when they committed the offense. Nearly half of these were on parole, while the others had charges pending, were on probation, were prison inmates or escapees, or had some other criminal justice status. Slightly more than 15% of persons sentenced to death between 1988 and 1992 had received 2 or more death sentences. The majority, 1,508 (58.6%), of those under sentence of death were white; 1,029 (40.0%) were black; 24 (0.9%) were American Indian; and 14 (0.5%) were Asian American. The 196 Hispanic inmates under sentence of death accounted for 7.6% of those inmates for whom Hispanic origin was known. Thirty-six (1.4%) of the persons under a death sentence were women. The median age of all inmates under a death sentence was 35 years and the median age at which they had been sentenced to death was 29 years. Approximately 56% of those under sentence of death were held by States in the South. Western States had an additional 22%; Midwestern States, 16%; and the Northeastern States of Connecticut, New Jersey, and Pennsylvania, 6%. Texas held the largest number of death row inmates (344), followed by California (332), Florida (312), and Illinois (145). One prisoner was in Federal custody under a death sentence on December 31, 1992. Between January 1 and December 31, 1992, 28 State prison systems received 265 prisoners under sentence of death. California (37 admissions), Texas (31), Florida (27); and North Carolina (22) accounted for 44% of the inmates entering prison under a death sentence during the year. A total of 13 States executed 31 persons in 1992: 12 in Texas; 4 in Virginia; 2 each in Alabama, Arkansas, Florida, and Oklahoma; and 1 each in Arizona, California, Delaware, Missouri, North Carolina, Utah, and Wyoming. Fifteen were white non- Hispanic; 10 were black non-Hispanic; 2 were white Hispanics; 2 were white with Hispanic origin unknown; 1 was black with Hispanic origin unknown; and 1 was Native American. Twenty-one of the executions were carried out by lethal injection, 8 by electrocution, and 2 by lethal gas. From January 1, 1977, to December 31, 1992, a total of 188 executions took place in 20 States. Of these 102 (54.3%) were white, 73 (38.8%) were black, 12 (6.4%) were Hispanic, and 1 (0.5%) was Native American. During 1977-92, a total of 3,979 persons entered State prisons under sentences of death, among whom 2,320 (58.3%) were white, 1,598 (40.2%) were black, and 61 (1.5%) were of other races. Also during 1977-92, 1,598 removals from a death sentence occurred as a result of dispositions other than execution (resentencing, retrial, commutation, or death while awaiting execution). Of those removed from under a death sentence, 827 (51.7%) were white, 673 (42.1%) were black, 22 (1.4%) were Native American or Asian American, and 76 (4.8%) were Hispanic. Capital punishment laws During 1992, five States revised statutory provisions relating to the death penalty (table 1). Nearly all of the changes involved greater specification of circumstances in which capital punishment may be applied, some broadening and some narrowing provisions in the previous law. Table 1 Capital Offenses, by State, 1992 Alabama. Murder during kidnaping, robbery, rape, sodomy, burglary, sexual assault, or arson; murder of a peace officer, correctional officer, or public official; murder while under a life sentence; murder for pecuniary gain or contract; aircraft piracy; murder by a defendant with a previous murder conviction; murder of a witness to a crime; murder when a victim is subpoenaed in a criminal proceeding, when the murder is related to the role of the victim as a witness; murder when a victim is less than 14 years old; murder in which a victim is killed while in a dwelling by a deadly weapon fired from outside the dwelling; murder in which a victim is killed while in a motor vehicle by a deadly weapon fired from outside that vehicle; murder in which a victim is killed by a deadly weapon fired from a motor vehicle (13A-5-40). Arizona. First-degree murder. Arkansas. Capital murder as defined by Arkansas statute (5-10-101). Felony murder; arson causing death; intentional murder of a law enforcement officer; murder of prison, jail, court, or correctional personnel or of military personnel acting in line of duty; multiple murders; intentional murder of a public officeholder or candidate; intentional murder while under life sentence; contract murder. California. Treason; homicide by a prisoner serving a life term; first-degree murder with special circumstances; train wrecking; perjury causing execution. Colorado. First-degree murder; kidnaping with death of victim; felony murder. Connecticut. Murder of a public safety or correctional officer; murder for pecuniary gain; murder in the course of a felony; murder by a defendant with a previous conviction for intentional murder; murder while under a life sentence; murder during a kidnaping; illegal sale of cocaine, methadone, or heroin to a person who dies from using these drugs; murder during first-degree sexual assault; multiple murders. Delaware. First-degree murder with aggravating circumstances. Florida. First-degree murder; capital felonies (FS 921.141); capital drug trafficking felonies (FS 921.142). Georgia. Murder; kidnaping with bodily injury when the victim dies; aircraft hijacking; treason; kidnaping for ransom when the victim dies. Idaho. First-degree murder; aggravated kidnaping. Illinois. Murder accompanied by at least 1 of 11 aggravating factors. Indiana. Murder with 12 aggravating circumstances. Kentucky. Aggravated murder; kidnaping when victim is killed. Louisiana. First-degree murder; treason (La. R.S. 14:30 and 14:113). Maryland. First-degree murder, either premeditated or during the commission of a felony. Mississippi. Capital murder includes murder of a peace officer or correctional officer, murder while under a life sentence, murder by bomb or explosive, contract murder, murder committed during specific felonies (rape, burglary, kidnaping, arson, robbery, sexual battery, unnatural intercourse with a child, nonconsensual unnatural intercourse), and murder of an elected official. Capital rape is the forcible rape of a child under 14 years old by a person 18 years or older. Aircraft piracy. Missouri. First-degree murder (565.020 RSMO). Montana. Deliberate homicide; aggravated kidnaping when victim or rescuer dies; attempted deliberate homicide, aggravated assault, or aggravated kidnaping by a State prison inmate who has a prior conviction for deliberate homicide or who has been previously declared a persistent felony offender (46-18-303,MCA). Nebraska. First-degree murder. Nevada. First-degree murder. New Hampshire. Contract murder; murder of a law enforcement officer; murder of a kidnaping victim; killing another after being sentenced to life imprisonment without parole. New Jersey. Purposeful or knowing murder; contract murder. New Mexico. First-degree murder; felony murder with aggravating circumstances. North Carolina. First-degree murder (N.C.G.S. 14-17). Ohio. Assassination; contract murder; murder during escape; murder while in a correctional facility; murder after conviction for a prior purposeful killing or prior attempted murder; murder of a peace officer; murder arising from specified felonies (rape, kidnaping, arson, robbery, burglary); murder of a witness to prevent testimony in a criminal proceeding or in retaliation (O.R.C. secs. 2929.02, 2903.01, 2929.04). Oklahoma. Murder with malice aforethought; murder arising from specified felonies (forcible rape, robbery with a dangerous weapon, kidnaping, escape from lawful custody, first-degree burglary, arson); murder when the victim is a child who has been injured, tortured, or maimed. Oregon. Aggravated murder. Pennsylvania. First-degree murder. South Carolina. Murder with statutory aggravating circumstances. South Dakota. First-degree murder; kidnaping with gross permanent physical injury inflicted on the victim; felony murder. Tennessee. First-degree murder. Texas. Murder of a public safety officer, fireman, or correctional employee; murder during the commission of specified felonies (kidnaping, burglary, robbery, aggravated rape, arson); murder for remuneration; multiple murders; murder during prison escape; murder by a State prison inmate. Utah. Aggravated murder (76-5-202, Utah Code annotated). Virginia. Murder during the commission or attempts to commit specified felonies (abduction, armed robbery, rape, sodomy); contract murder; murder by a prisoner while in custody; murder of a law enforcement officer; multiple murders; murder of a child under 12 years during an abduction; murder arising from drug violations (18.2-31, Virginia Code as amended). Washington. Aggravated first-degree premeditated murder. Wyoming. First-degree murder, including felony murder. In one State, Tennessee, the State supreme court struck those parts of the death penalty statute related to the application of aggravating circumstances for felony murder. Also, the Tennessee legislature modified the death penalty statute to specify further a defendant's right of appeal. By State, the statutory changes were as follows: Montana--Amended the statute defining juvenile offenders and mandating treatment of juvenile offenders transferred to adult authorities (41-5- 206). Juveniles under age 16 may not be confined in State prison. Effective July 1, 1992, with juvenile court approval, a minor can be tried in adult court. If death may be imposed for the crime, a judge can consider such penalty. However, age is a mitigating factor in such cases. New Jersey--Amended the State constitution (Article 1, paragraph 12). Effective December 12, 1992, the amendment includes inflicting bodily harm causing death as an interpretation of "knowingly or purposely causing death"--thereby broadening the constitutional definition of intent to cause death. South Carolina--Revised its capital punishment statute to define mental retardation and to specify it as a mitigating circumstance in punishment for murder. [16- 3-20(C)b]. The provisions apply only to defendants mentally retarded at the time of the crime. Mental retardation is defined as "significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period." The revision was effective July 1, 1992. Tennessee--The Supreme Court [in State v. Middlebrooks, 840 S.W. 2d. 317(1992)] struck in part the application of the death penalty. An aggravating circumstance of felony murder was held to be unconstitutionally applied where the defendant's conviction is based solely on felony murder theory. The effective date was September 8, 1992. Tennessee's capital punishment statute was also revised to specify that whenever the death penalty is imposed for first degree murder, the defendant has the right of direct appeal to the court of criminal appeals. Upon being affirmed by the court of criminal appeals, the case must be automatically reviewed by the Tennessee Supreme Court, taking priority over other cases, and according to the rules of that court (39-13-206), effective May 1, 1992. Utah--Amended its capital punishment statute, effective April 7, 1992, from death or life in prison to death or life in prison without parole (Utah 76-3-206). Method of execution No State changed its method of execution during 1992, although some jurisdictions considered modifications to take effect after the end of the year. As of December 31, 1992, lethal injection (22 States) and electrocution (12 States) remained the principal methods (table 2). Six States authorized lethal gas; three States, hanging; and two States, a firing squad. Ten States authorized more than one method--lethal injection and an alternative method--generally at the election of the condemned prisoner; 3 of these 10, however, stipulated which method must be used, depending on the date of sentencing, and 1 authorized hanging only if lethal injection could not be given. Table 2 Method of execution, by State, 1992 Lethal injection Electrocution Lethal gas Hanging Firing squad Arkansas a,b Alabama Arizona Montana a Idaho a Colorado a,c Arkansas a,b California New Hampshire a,d Utah a Delaware Connecticut Colorado a, Washington Idaho a Florida Maryland Illinois Georgia Mississippi a,e Louisiana Indiana Missouri a Mississippi a,e Kentucky North Carolina a Missouri a Nebraska Montana a Ohio Nevada South Carolina New Hampshire a,b Tennessee New Jersey Virginia New Mexico North Carolina a Oklahoma Oregon Pennsylvania South Dakota Texas Utah a Washington a Wyoming Note: Federal executions are to be carried out according to the method of the State in which the inmate was sentenced. a Authorizes 2 methods of execution. b Arkansas authorizes lethal injection for those whose capital offense occurred after 7/4/83; for those whose offense occurred before that date, the condemned prisoner may select lethal injection or electrocution. c Colorado authorizes lethal gas for those whose crimes occurred before 7/1/88 and lethal injection for those whose crimes occurred on or after 7/1/88. d New Hampshire authorizes hanging only if lethal injection cannot be given. e Mississippi authorizes lethal injection for those convicted after 7/1/84; execution of those convicted prior to that date is to be carried out with lethal gas. Some States stipulated an alternative to lethal injection, anticipating that it may be found unconstitutional. Each of the other four methods, previously challenged on eighth amendment grounds as cruel and unusual punishment, has been found to be constitutional. The method of execution for Federal offenders is that of the State in which the inmate was sentenced. If that State makes no provision for the death penalty, the trial court designates another State. Automatic review Of the 36 States with capital punishment statutes at yearend 1992, 35 provided for review of all death sentences regardless of the defendant's wishes. Arkansas had no specific provisions for automatic review. The Federal death penalty procedures do not provide for automatic review after a sentence of death is imposed. While most of the 35 States authorized an automatic review of both the conviction and sentence, Idaho, Indiana, and Montana require review of the sentence only. In Idaho, review of the conviction must be appealed or forfeited. In Indiana a defendant may waive review of the conviction. The review is usually conducted by the State's highest appellate court regardless of the defendant's wishes. (In Maryland and Wyoming the question of whether a defendant may waive the right to automatic review of the sentence has not been addressed.) If either the conviction or the sentence is vacated, the case may be remanded to the trial court for additional proceedings or for retrial. As a result of pretrial or resentencing, the death sentence may be reimposed. Minimum age During 1992 no State changed its laws relating to the minimum age for capital punishment. Eight jurisdictions did not specify a minimum age for which the death penalty may 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 criminal court for trial as an adult. Eleven States and the Federal death penalty required a minimum age of 18; the remaining jurisdictions indicated various ages of eligibility between 14 and 17. Table 3 Minimum age authorized for capital punishment, yearend 1992 Age less than 18 Age 18 None specified Alabama (16) California Arizona Arkansas (14) a Colorado Delaware Georgia (17) Connecticut b Florida Indiana (16) Illinois Idaho Kentucky (16) Maryland Montana Louisiana (16) Nebraska Pennsylvania Mississippi (16) c New Jersey South Carolina Missouri (16) New Mexic Washington Nevada (16) Ohio New Hampshire (17) Oregon North Carolina (17) d Tennessee Oklahoma (16) Federal system South Dakota e Texas (17) Utah (14) Virginia (15) Wyoming (16) Note: Ages at the time of the capital offense were indicated by the offices of the State attorneys general. a Arkansas Code Ann. 9-27-318(b)(1)(Repl. 1991). b Conn. Gen. Stat. 53a-46a(g)(1). c Minimum age defined by statute is 13, but effective age is 16 based on an interpretation of U.S. Supreme Court decisions by the State attorney general's office. d Age required is 17 unless the murderer was incarcerated for murder when a subsequent murder occurred; the age then may be 14. e Age 10, but only after a transfer hearing to try a juvenile as an adult. Prisoners under sentence of death at yearend 1992 Thirty-four States and the Federal prison system held a total of 2,575 prisoners under sentence of death on December 31, 1992, a gain of 110, or 4.5% more than at the end of 1991. Seven States, which had 36% of the adult resident population reported 58% of the Nation's capital sentence population: Texas (344), California (332), Florida (312), Illinois (145), Alabama (124), Ohio (121), and Oklahoma (120). Of the 35 jurisdictions with statutes authorizing the death penalty, New Hampshire and Wyoming had no one under a capital sentence, and South Dakota, New Mexico, and the Federal prison system had 1 prisoner each. Fifty-six percent of all inmates under sentence of death were in Southern States--a region that contained 35% of the Nation's adults. For the West the percentages of all persons under sentence of death and of all adults in the residential population were about the same, whereas for the Northeast and Midwest the percentages of the population sentenced to execution were smaller than the percentages of the total adult population. U.S. total 100% 100% Northeast* 20 6 Midwest* 24 16 South 35 56 West 21 22 *Four of the nine States in the Northeast and 6 of the 12 States in the Midwest do not authorize capital sentences. In all four regions the number of prisoners under sentence of death increased during 1992. The number rose by 21, or 1.5% in the South. In the Northeast it rose by 14 inmates, or 9.6%. Slightly smaller gains occurred in the Midwest (8.4% and 32 additional offenders) and the West (8.3% and 43 additional offenders). Seven States had fewer inmates under sentence of death at yearend 1992 than a year earlier: Mississippi reported the largest decline (5), followed by Oklahoma with 4 fewer, Arkansas and Utah each with 2 fewer, and New Jersey, Georgia, and Wyomong each with 1 fewer. During 1992 the number of blacks under sentence of death rose by 50, or 5.1%; the number of whites rose by 59 or 4.1%; and the number of persons of other races (American Indians and Asians or Pacific Islanders) rose by 1, or 2.7%. The number of Hispanics sentenced to death rose from 185 to 196 during 1992. Twenty Hispanics were received under sentence of death, 7 were removed from that status, and 2 were executed. More than three-fourths of the Hispanics were in 4 States: Texas (55), California (45), Florida (31), and Arizona (21). During 1992 the number of women sentenced to be executed decreased by 1. Six women were received under sentence of death, seven were removed, and none was executed. Women were incarcerated in 14 States, with Alabama (5), and Oklahoma (4) holding the most. Women under sentence of death 12/31/92 State Total White Black Total 36 22 14 North Carolina 3 2 1 Alabama 5 5 2 Oklahoma 4 3 1 California 3 3 0 Florida 3 2 1 Illinois 3 1 2 Missouri 3 3 0 Ohio 3 0 3 Texas 3 2 1 Pennsylvania 2 0 2 Arizona 1 1 0 Indiana 1 1 0 Nevada 1 0 1 Tennessee 1 1 0 Men were 98% (2,539 of all prisoners under sentence of death). Whites predominated (58.6%); blacks comprised 40.0%; and the 1.4% of other races included 24 American Indians and 14 Asian Americans. Among those for whom Hispanic origin was known, 7.6% were Hispanic. The sex, race, and Hispanic origin of those under sentence of death at yearend 1992 were as follows: White Black Other Male 1,486 1,015 38 Hispanic 181 10 2 Female 22 14 0 Hispanic 2 1 0 Among inmates under sentence of death on December 31, 1992, for whom information on education was available, nearly three-fourths had either completed high school (36.8%) or finished 9th, 10th, or 11th grade (37.0%). A slightly higher percentage had attended some college (10.2%) than had not gone beyond 7th grade (8.0%). The median level of education was 11th grade. Of inmates under a capital sentence and with a reported marital status, nearly half had never married; somewhat more than a fourth were married when they were sentenced; and a fourth were divorced, separated, or widowed. Among all inmates under sentence of death, 45.3% were age 30 to 39 on December 31, 1992, and 61.7% were age 25 to 39. The median age was 35 years. Less than 1% were younger than 20, and about 3.3% were age 55 or older. The youngest inmate under sentence of death was age 17 (born April 1975); the oldest was 78 (born December 1914). More than half of all inmates under sentence of death at yearend 1992 were age 20 to 29 at the time of their sentencing. Entries and removals of persons under sentence of death Between January 1 and December 31, 1992, 28 State prison systems reported receiving 265 prisoners under sentence of death. Forty-four percent of the inmates were received in four States: California (37), Texas (31), Florida (27) and North Carolina (22). All 265 prisoners who had been received under sentence of death had been convicted of murder; 143 were white men, 112 were black men, 3 were Native American men, 1 was an Asian American man, 4 were white women and 2 were black women. Eighteen of the 265 new admissions were Hispanic men and 2 were Hispanic women. Twenty-one States reported a total of 117 persons whose sentence of death was overturned. Appeals courts vacated 69 sentences while upholding the convictions and vacated 45 sentences while over-turning the convictions. Florida (19 exits) had the largest number of vacated capital sentences. Indiana reported one removal by post-conviction relief, and North Carolina and Virginia each reported one commutation of a death sentence. As of December 31, 1992, 51 of the 117 were serving a reduced sentence (46 to life imprisonment, 4 to a sentence of more than 20 years, and 1 to 20 years or less), 33 were awaiting a new trial, 29 were awaiting resentencing, 2 had further prosecution dropped, 1 was found not guilty, and 1 was removed by an unspecified method. In addition, seven persons died while under sentence of death in 1992. Five of these deaths resulted from natural causes--one each in Alabama, California, Florida, Ohio, and Texas. Two suicides occurred--1 in California and 1 in Florida. Following the Supreme Court's reinstatement of the death penalty, between 1977 and 1992, a total of 3,979 persons entered State prisons under sentences of death; 1,598 persons had their death sentences removed as the result of appellate court decisions and higher court reviews, commutations, or death while under sentence; and 188 persons were executed. (Over time an individual may have entered and been removed from a capital sentence more than once.) Among individuals who received a death sentence between 1977 and 1992, 2,320 (58.3%) were white, 1,598 (40.2%) were black, and 61 (1.5%) were of other races. Among those removed from a death sentence other than by execution, 827 (51.7%) were white, 673 (42.1%) were black, 22 (1.4%) were Native American or Asian American, and 76 (4.8%) were Hispanic. Of the 188 executed, 102 (54.3%) were white, 73 (38.8%) were black, 12 (6.4%) were Hispanic, and 1 (0.5%) was Native American. Criminal history of inmates under sentence of death in 1992 Among inmates under death sentences on December 31, 1992, for whom criminal-history information was available, 68.5% had a history of felony convictions. Among those for whom information on prior homicide convictions was available, 9.4% had been sentenced for murder or manslaughter in the past. Among those for whom legal status at the time of the capital offense was reported, 41.9% had an active criminal justice status. Nearly half of these were on parole, while the others had charges pending, were on probation, were prison inmates or escapees, or had some other criminal justice status. Excluding those who had charges pending, nearly 1 in 3 (31.2%) were already under sentence for another crime when their capital offense occurred. In a number of States, being under sentence for another crime is considered an aggravating factor in capital sentencing. Criminal history patterns varied slightly by race and Hispanic origin. For example, 74.3% of blacks had prior felony conviction records compared to 65.4% of whites, and 62.4% of Hispanics. Relatively more Hispanics (16.5%) than whites (8.6%) or blacks (10.6%) had prior homicide convictions; and a higher proportion of whites (6.9%) and blacks (6.2%) than Hispanics (4.7%) had charges pending at the time of their capital offense. As of yearend 1992 the median amount of elapsed time since sentencing among prisoners under sentence of death was 64 months, and the mean time was 69 months. Overall, the average time for women was 4 years, 1 month--about two-thirds as long as for men (5 years and 10 months). Whites and blacks showed relatively little difference in average time since sentencing, both groups spending slightly longer than Hispanics. Number of months since sentencing Mean Median Total 69 64 Male 70 64 Female 49 41 White 69 64 Black 70 64 Hispanic 64 57 Since 1988 data have been collected on the number of death sentences imposed on each person entering prison under sentence of death. Among the 1,375 individuals received under sentence of death, approximately 1 in every 7 entered with 2 or more death sentences. Whites, blacks, and Hispanics had similar proportions of those with single or multiple death sentences. Executions According to data collected by the Federal Government since 1930, during the 63 years ending in 1992, a total of 4,047 persons were executed under civil authority. (Military authorities carried out an additional 160 executions between 1930 and 1992.) Since the Supreme Court reinstated the death penalty in 1976, the States have executed 188 prisoners: 1977 1 1986 18 1979 2 1987 25 1981 1 1988 11 1982 2 1989 16 1983 5 1990 23 1984 21 1991 14 1985 18 1992 31 Between 1977 and 1992, 20 States executed prisoners. Texas had the largest number (54), followed by Florida (29), Louisiana (20),Virginia (17), and Georgia (15). Between 1977 and 1992, 89 white non-Hispanics, 59 black non-Hispanics, 11 white Hispanics, 1 black Hispanic, 13 whites with Hispanic origin unknown, 14 blacks with Hispanic origin unknown, and 1 American Indian were executed. During 1992 Texas carried out 12 executions; Virginia executed 4 persons; Alabama, Arkansas, Florida, and Oklahoma, 2 each; and Arizona, California, Delaware, Missouri, North Carolina, Utah, and Wyoming, 1 each. All persons executed in 1992 were male. Fifteen were white, non-Hispanic; 10 were black, non-Hispanic; 2 were white Hispanic; 2 were white with Hispanic origin unknown; 1 was black with Hispanic origin unknown; and 1 was Native American. From 1977 to 1992, 4,361 prisoners were under death sentences for varying lengths of time. The 188 executions accounted for 4.3% of all exits from sentences of death during the 15-year period. A total of 1,598 prisoners, or 36.6% of those at risk, received other dispositions. There was no significant difference in the proportions of executed persons by race or Hispanic origin. However, relatively more blacks (38.2%) than whites (36.7%) or Hispanics (26.8%) were removed from under a death sentence by means other than execution. Among prisoners executed between 1977 and 1992, the average time between the imposition of the most recent sentence received and execution was 7 years and 6 months. White prisoners had an average of 7 years, and black prisoners, 8 years and 3 months. The 31 prisoners executed in 1992 were under a sentence of death an average of 9 years and 6 months. Among the 188 prisoners executed between 1977 and 1992, the largest number (98) were electrocuted, followed by those who received lethal injections (82), lethal gas (7), and a firing squad (1). Number of executions, 1977-92 Ameri- Means of His- can execution White Black panic Indian Asian Total 102 73 12 1 0 Lethal injection 47 23 11 1 0 Electrocution 50 47 1 0 0 Lethal gas 4 3 0 0 0 Firing squad 1 0 0 0 0 Methodological note The statistics reported in this Bulletin may differ from data collected by other organizations for a variety of reasons: (1) inmates are originally added to the National Prisoner Statistics (NPS) death-row counts not at sentencing but at the time they are admitted to a State or Federal correctional facility. (2) Subsequently, admissions to death row or releases as a result of a court order are attributed to the year in which the sentence or court order occurred; prior- year counts are, therefore, adjusted to reflect the actual dates of court decisions. (See note, table 4, for the affected jurisdictions.) (3) NPS death-row counts are always for the last day of the calendar year and will differ from counts for more recent periods. Appendix I. Current status of inmates under sentence of death, 1973-92 Between 1973 and 1992 a total of 4,704 persons were sentenced to death. The table shows the status of those received in each year with respect to their death sentence, as of December 31, 1992. For example, of the 256 persons who were sentenced to death in 1983, 20 had been executed, 10 had died while in confinement, 1 had been relieved of the death sentence because courts struck down wholly or in part the statutes under which they were sentenced, 21 had their conviction overturned on appeal, 45 had their sentence overturned on appeal, 3 had their sentence commuted, and 155 were still under a death sentence at yearend 1992. Of the 2,575 persons under sentence of death on December 31, 1992, 118 or 4.6% were sentenced prior to 1980. Florida, Georgia, Texas, Montana, and Nebraska had the inmates who had served the longest among all condemned inmates. By contrast, Oregon had no inmates sentenced prior to 1988, the Federal prison system prior to 1991, and South Dakota prior to 1992. The average time from sentence to December 31, 1992, for the 2,575 condemned inmates was 5 years and 7 months. Appendix II. Federal laws providing for the death penalty Since the Supreme Court's decision in Furman v. Georgia in 1972, striking down the death penalty as then applied, four death penalty statutes have been enacted by the Congress: *(A) Any person engaging in or working in furtherance of a continuing criminal enterprise, or any person engaging in an offense punishable under section 841(b)(1)(A) or section 960(b)(1) who intentionally kills or counsels, commands, induces, procures, or causes the intentional killing of an individual and such killing results, shall be sentenced to any term of imprisonment, which shall not be less than 20 years, and which may be up to life imprisonment, or may be sentenced to death; and (B) any person, during the commission of, in furtherance of, or while attempting to avoid apprehension, prosecution or service of a prison sentence for, a felony violation of this subchapter or subchapter II of this chapter who intentionally kills or counsels, commands, induces, procures, or causes the intentional killing of any Federal, State, or local law enforcement officer engaged in, or on account of, the performance of such officer's official duties and such killing results, shall be sentenced to any term of imprisonment, which shall not be less than 20 years, and which may be up to life imprisonment, or may be sentenced to death (21 U.S.C. 848(e)). *Espionage by a member of the Armed Forces: communication of information to a foreign government relating to nuclear weaponry, military spacecraft or satellites, early warning systems, war plans, communications intelligence or cryptographic information, or any other major weapons or defense strategy (10 U.S.C. 906(a)). *Witness tampering where death results (18 U.S.C. 1512). *Death resulting from aircraft hijacking (49 U.S.C. 1472 and 1473). The following capital punishment provisions, which were enacted prior to the Furman decision, remain in the United States Code: *Murder while a member of the Armed Forces (10 U.S.C. 918). *Destruction of aircraft, motor vehicles, or related facilities resulting in death (18 U.S.C. 32-34). *Retaliatory murder of a member of the immediate family of law enforcement officials (18 U.S.C. 115(b)(3) [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. 351 [by cross-reference to 18 U.S.C. 1111]). *Espionage (18 U.S.C. 794). *Destruction of government property resulting in death (18 U.S.C. 844(f)(d)(i)). *First-degree murder (18 U.S.C. 1111). *Mailing of injurious articles with the intent to kill or resulting in death (18 U.S.C. 1716). *Assassination or kidnaping resulting in the death of the President or Vice President (18 U.S.C. 1751 [by cross-reference to 18 U.S.C. 1111]). *Willful wrecking of a train resulting in death (18 U.S.C. 1992). *Bank-robbery-related murder or kidnaping (18 U.S.C. 2113). *Treason (18 U.S.C. 2381). *Murder of Federal judges and officers (18 U.S.C. 1114). This BJS Bulletin was written by Lawrence Greenfeld, Acting Director, and James Stephan, Statistician. Arlene Rasmussen, U.S. Bureau of the Census, collected the data under the supervision of Gertrude Odom. Craig Perkins provided statistical review. Tom Hester edited the report. Marilyn Marbrook supervised production, assisted by Betty Sherman and Jayne Pugh. December 1992 NCJ-145031