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

Bulletin

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http://www.ojp.usdoj.gov/bjs/pubalp2.htm#cp  

Capital Punishment 1995

December 1996, NCJ-162043

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* the BJS Clearinghouse, 1-800-732-3277
* on the Internet at http://www.ojp.usdoj.gov/bjs/
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* on the National Criminal Justice Reference Service Electronic
Bulletin Board (set at 8-N-1, call 301-738-8895, select BJS).

By Tracy L. Snell

BJS Statistician

---------------------
Highlights
---------------------

Status of the death penalty, December 31,1995				
				
                        Number of prisoners            Jurisdictions
Executions during 1995  under sentence of death        without a death penalty
------------------------------------------------------------------------------
				
Texas           19      California              420    Alaska
Missouri         6      Texas                   404    District of Columbia
Illinois         5      Florida                 362    Hawaii
Virginia         5      Pennsylvania            196    Iowa
Florida          3      Ohio                    155    Maine
Oklahoma         3      Illinois                154    Massachusetts
Alabama          2      Alabama                 143    Michigan
Arkansas         2      North Carolina          139    Minnesota
Georgia          2      Oklahoma                129    North Dakota
North Carolina   2      Arizona                 117    Rhode Island
Pennsylvania     2      Georgia                  98    Vermont
Arizona          1      Tennessee                96    West Virginia
Delaware         1      Missouri                 92    Wisconsin
Louisiana        1      22 other jurisdictions	549	
Montana          1
South Carolina   1
        Total	56	        Total          	3054	


* In 1995, 56 men were executed:

  33  were white

  22  were  black

   1  was Asian.

* The persons executed in 1995 were under sentence of death an
average of 11 years and 2 months.

* At yearend 1995, 34 States and the Federal prison system held
3,054 prisoners under sentence of death, 5.1% more than at
yearend 1994. All had committed murder.

* Of persons under sentence of death --    

  1,730 were white 
  1,275 were black 
     22 were Native American  
     19 were Asian   
      8 were classified as "other race."

* Forty-eight women were under a sentence of death. 

* The 237 Hispanic inmates under sentence of death accounted for
8.5% of inmates with a known ethnicity. 

* Among inmates under sentence of death and with available
criminal histories, 2 in 3 had a prior felony conviction; 1 in
12 had a prior homicide conviction.

* Among persons for whom arrest information was available, the
average age at time of arrest was 28; about 2% of inmates were
age 17 or younger.

* At yearend, the youngest inmate was 18; the oldest was 80.

Sixteen States executed 56 prisoners during 1995.  The number of
persons executed was 25 greater than in 1994 and was the largest
annual number since the 56 executed during 1960 and the 65 in
1957.  The prisoners executed during 1995 had been under
sentence of death an average of 11 years and 2 months, about 12
months more than the average for inmates executed the previous
year.

At yearend 1995, 3,054 prisoners were under sentence of death. 
California held the largest number of death row inmates (420),
followed by Texas (404), Florida (362), and Pennsylvania (196). 
Eight prisoners were in Federal custody under a death sentence
on December 31, 1995.

Between January 1 and December 31, 1995, 26 State prison systems
and the Federal prison system received 310 prisoners under
sentence of death. Texas (40 admissions), California (36), North
Carolina (34), and Florida (31) accounted for 45% of the inmates
entering prison under a death sentence in 1995.

During 1995, 56 persons in 16 States were executed -- 19 in
Texas; 6 in Missouri; 5 each in Illinois and Virginia;  3 each
in Florida and Oklahoma; 2 each in Alabama, Arkansas, Georgia,
North Carolina, and Pennsylvania; and 1 each in Arizona,
Delaware, Louisiana, Montana, and South Carolina.  All were men.
Thirty of the executed prisoners were non-Hispanic whites; 22
were non-Hispanic blacks; 2, white Hispanics;  1, Asian;  and 1,
white with unknown Hispanic origin.  Forty-nine of the
executions were carried out by lethal injection and 7 by
electrocution.

From January 1, 1977, to December 31, 1995, a total of 4,857
persons entered State and Federal prisons under sentences of
death, among whom 51% were white, 41% were black, 7% were
Hispanic, and 1% were of other races. 

During this 19-year period, a total of 313 executions took place
in 26 States.  Of the inmates executed, 171 were white, 120 were
black, 19 were Hispanic, 2 were Native American, and 1 was Asian.

Also during 1977-95, 1,870 prisoners were removed from a death
sentence as a result of dispositions other than execution
(resentencing, retrial, commutation, or death while awaiting
execution).  Of all persons removed from under a death sentence,
52% were white, 41% were black, 1% were Native American, 0.5%
were Asian, and 5% were Hispanic.  

--------------------
Statutory changes
--------------------

During 1995, 19 States revised statutory provisions relating to
the death penalty.  Most of the changes involved additional
aggravating circumstances, procedural amendments addressing the
rights of victims and their families, and changes in methods of
execution.  

By State, these statutory changes were as follows:

Arkansas -- Added to its definition of capital murder purposely
discharging a firearm from a vehicle resulting in the death of
another person (Ark. Code Ann.   51-10-101(a)(10)), effective
7/27/95.

Colorado -- Amended its code of criminal procedure establishing
appellate review at the sentencing phase of a capital case. 
Upon conviction of a defendant, a sentencing hearing will be
conducted by a three-judge panel; previously, a jury considered
evidence and recommended punishment.  The amendment also
outlines the process by which panel members will be selected
(CRS 16-11-103(1)(a)).  These revisions became effective 7/1/95.

Connecticut -- Revised its penal code to change the method of
execution from electrocution to lethal injection; to remove the
requirement that the State supreme court review the
proportionality of a death sentence compared to penalties
imposed in similar cases; and to add to its list of capital
felonies murder of a person under age 16 (See P.A. 95-16). 
These changes became effective 10/1/95.

Delaware -- Revised a statute limiting the number of witnesses
at the execution to 10 and allowing one adult, either an
immediate family member of the victim or the "victim's designee", 
to be present as one of  those witnesses (11 Del. c.   4209(f)),
effective 5/15/95.

Delaware lawmakers also added as an aggravating circumstance
murder committed to interfere with the victim's First Amendment
rights or as a response to the victim's exercise of those rights
or to the victim's race, religion, color, disability, national
origin or ancestry  (11 Del. c.   4209(e) (1)(v)), effective 7/6/95.

Idaho -- Revised and added sections to its penal code relating
to the death penalty.  These changes became effective 7/1/95.

Idaho amended its code of criminal procedure to require that,
upon conviction of a defendant,  the court hold a hearing to
weigh aggravating and mitigating factors in the case to
determine the appropriateness of a death sentence (19-2515,
Idaho Code).  

Another procedural amendment set guidelines regarding requests
for stays of execution based on petitions to hear new evidence
that was not known prior to the deadline for filing of an appeal
on such grounds.  The statute narrowed the availability of
successive post-conviction proceedings (19-2719, Idaho Code).

The Idaho legislature also added new sections to its code of
criminal procedure in capital cases: one providing for an
inquiry into a convicted defendant's need for a new attorney
upon showing of ineffectiveness of the trial lawyer (19-2719A,
Idaho Code); another providing for review of a case by the Idaho
supreme court, upon remand from a Federal court, to decide
whether legal or factual errors can be addressed without
remanding the case back to the State district court (19-2818,
Idaho Code).

Illinois -- Added to its penal code as an aggravating factor
murder by discharging a firearm from a motor vehicle when the
victim was outside of the motor vehicle (720-ILCS 5/9-1(b)(15)), effective 1/1/95.

Indiana -- Amended the code of criminal procedure to specify
time limits within which the execution must be carried out, time
limits and procedures for addressing petitions for
post-conviction relief, and issues for consideration by
Indiana's supreme court in conducting automatic review of death
sentences  (Indiana Code   35-50-2-9(h), (i), and (j)).  Indiana
also changed the method of execution from electrocution to
lethal injection (Indiana Code   35-38-6-1).  These changes
became effective 7/1/95.

Maryland -- Amended its code of criminal procedure to modify
when an execution can be stayed by a trial judge; to change the
time limit for filing an initial post-conviction appeal from 240
days to 180 days; to impose time limits on holding a hearing
upon filing of a post-conviction petition; and to allow a
convicted inmate to waive the statutory stay of execution
imposed during the 180-day period set aside for filing of any
post-conviction petitions (1995 Md. Laws ch. 110).  These
changes became effective 10/1/95.

Montana -- Revised the code of criminal procedure to allow
evidence to be presented during the sentencing hearing in regard
to the harm the offense caused to the victim and his family
(46-18-302 MCA), applicable to crimes committed on or after
10/1/95.

Nevada -- Added to its penal code as aggravating factors murder
of a department of prisons employee who doesn't exercise control
over but comes into regular contact with the offender; murder of
a person under age 14; and murder of a person because of their
race, religion, national origin, physical or mental disability,
or sexual orientation (NRS 200.033), effective 10/1/95.

New Jersey -- Amended its penal code to allow evidence during
the sentencing proceeding pertaining to the victim's character
and impact of the crime on the victim's family (NJSA
2C:11-3c(6)), effective 6/19/95. 

New York -- Enacted a law creating the crime of capital murder
and providing for a sentence of death for  persons over age 18
if any of 10 aggravating circumstances exists.  The new law prohibits
sentencing mentally retarded persons to death (Ch. 1, 1995
session), effective 9/1/95.

Ohio -- Amended its code of criminal procedure to establish
responsibility of the Ohio supreme court for automatic review of
all death sentences and guidelines to be followed in the course
of such review. The review includes weighing of all facts and
evidence submitted in the case, deciding if aggravating factors
outweighed mitigating factors in the case, and consideration of
the proportionality of the death sentence compared to similar
cases (O.R.C.   2929.05), effective 9/21/95.

Oregon -- Amended its penal code to allow evidence regarding the
victim's personal characteristics and the impact of the offense
on the victim's family to be entered during the sentencing phase
of capital proceedings (ORS 163.150), effective 7/7/95.

Pennsylvania -- Added new sections to its capital statute
relating to sentencing and execution procedures.  One amendment
permitted evidence concerning the victim and the effect of the
crime on the victim's family to be heard and considered during
the sentencing hearing (42 Pa.C.S. 9711(a)(2), (b), and (c)(2)), 
effective 3/16/95. 
Pennsylvania lawmakers also added provisions which specified
time limits for transmission of court records to the governor
and issuance of death warrants, terms of confinement upon
receipt of the warrant, persons allowed to witness the
execution, and certification and postmortem examination
procedures following the execution (42 Pa.C.S.   9711(i), (j),
(k), (l), (m), (n), and (o)), effective 12/11/95. 

South Carolina -- Revised its penal code to allow persons
sentenced to death to elect as their method of execution either
electrocution or lethal injection.  Election of method by the inmate 
must be made in writing 14 days before the date of execution; if 
this right is waived, persons will be executed by lethal injection 
(  24-3-540), effective 6/8/95.

South Dakota -- Amended an aggravating circumstance allowing for
prosecution as a capital offense, stipulating that a crime is
considered to be "wantonly vile" if the victim is under age 13
(SDCL 23A-27A-1(6)), effective 7/1/95.

Tennessee -- Revised an aggravating circumstance from simple
involvement in the commission of certain felony offenses to
participating "knowingly" (Tenn. Code Ann.   39-13-204(i)(7)),
effective 5/30/95; and added as an aggravating circumstance
intentional mutilation of the victim's body after death (Tenn.
Code Ann.   39-13-204(i)(13)), effective 7/1/95.  

Tennessee lawmakers also added to its definition of first degree
murder killing during the commission of aggravated child abuse
as defined by   39-15-402 (Tenn. Code Ann.   39-13-202), effective 7/1/95.

Virginia -- Revised its penal code to allow persons sentenced to
death to elect as their method of execution either electrocution
or lethal injection.  The inmate must choose a method at least
15 days before the scheduled date of execution; if this option
is waived, persons will be executed by lethal injection (Va.
Code   53.1-233, 234), effective 1/1/95. 

Virginia legislators also amended the definition of capital
murder to include among enumerated sexual offenses  "object
sexual penetration" (Va. Code   18.2-31(5)), effective 7/1/95.

--------------------
Method of execution 
--------------------

As of December 31, 1995, lethal injection was the predominant
method of execution (32 States).  Eleven States authorized
electrocution; 7 States, lethal gas; 4 States, hanging; and 3
States, a firing squad.

Sixteen States authorized more than one method -- lethal
injection and an alternative method --  generally at the
election of the condemned prisoner; however, 5 of these 16
stipulated which method must be used, depending on the date of
sentencing; 1 authorized hanging only if lethal injection could 
not be given; and, if lethal injection is ever ruled unconstitutional,
1 authorized lethal gas and 1 authorized electrocution. 

-----------------
Automatic review
----------------

Of the 38 States with capital punishment statutes at yearend
1995, 37 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 did not provide for automatic
review after a sentence of death had been imposed.  While most
of the 37 States authorized an automatic review of both the
conviction and sentence, Idaho, Indiana, Oklahoma, and Tennessee
required review of the sentence only.  In Idaho, review of the
conviction had to be filed through appeal or forfeited.  In
Indiana, a defendant could waive review of the conviction.

The review is usually conducted by the State's highest appellate
court regardless of the defendant's wishes.  In South Carolina,
the defendant's right to waive appeal was in litigation; in 
Mississippi the question of whether a defendant could waive the
right to automatic review of the sentence had not been
addressed; and in Wyoming neither statute nor case law clearly
precluded a waiver of appeal. If either the conviction or the
sentence was vacated, the case could be remanded to the trial
court for additional proceedings or for retrial.  As a result of
retrial or resentencing, the death sentence could be reimposed.

---------------
Minimum age  
---------------

In 1995 eight jurisdictions did not specify a minimum age for
which the death penalty could be imposed.  In some States the
minimum age was set forth in the statutory provisions that
determine the age at which a juvenile may be transferred to
criminal court for trial as an adult.  Thirteen States and the
Federal system required a minimum age of 18; one State age 19. 
Sixteen States indicated an age of eligibility between 14 and
17. 

---------------------------------------------------------------
Characteristics of prisoners under sentence of death at yearend
1995
---------------------------------------------------------------

Thirty-four States and the Federal prison system held a total of
3,054 prisoners under sentence of death on December 31, 1995, a
gain of 149 or 5.1% more than at the end of 1994.  The Federal
prison system count rose from 6 at yearend 1994 to 8 at yearend
1995.  Three States reported 39% of the Nation's death row
population:  California (420), Texas (404),  and Florida (362). 
Of the 38 jurisdictions with statutes authorizing the death
penalty during 1995, New Hampshire, Kansas, and Wyoming had no
one under a capital sentence, and South Dakota, New Mexico, and
Colorado had 4 or fewer.  New York enacted a new death penalty
statute, effective September 1, 1995, and report no one under
sentence of death as of December 1, 1995.

Among the 35 jurisdictions with prisoners under sentence of
death at yearend 1995, 20 had more inmates than a year earlier,
9 had fewer inmates, and 6 had the same number.  California had
an increase of 34, followed by North Carolina (28), Pennsylvania
(15), Ohio (14), Texas (13), and Louisiana and Nevada (10 each).
Arizona and Tennessee had the largest decrease (4 each).

During 1995 the number of black inmates under sentence of death
increased by 72; the number of whites increased by 77; and the
number of persons of other races (American Indians, Alaska
Natives, Asians, or Pacific Islanders) remained constant at 49.

The number of Hispanics sentenced to death rose from 224 to 237
during 1995.  Twenty-six Hispanics were received under sentence
of death, 11 were removed from death row, and 2 were executed. 
Three-fourths of the Hispanics were incarcerated in 4 States:
Texas (68), California (61), Florida (35), and Arizona (18).

During 1995 the number of women sentenced to be executed
increased from 43 to 48.  Six women were received under sentence
of death, one was removed from death row, and none were
executed.  Women were under sentence of death in 14 States. 
Almost two-thirds of all women on death row at yearend were in
California, Florida, Texas, Oklahoma, and Illinois .

              Women under sentence of death, 12/31/95
              ---------------------------------------			
State         Total   White   Black
-----------------------------------------------------				
    Total      48      32	16	
				
California      8       6	2	
Florida         6       4	2	
Texas           6       4	2	
Oklahoma        5       4	1	
Illinois        5	2	3	
Alabama         4	3	1	
Pennsylvania    4	1	3	
Missouri        2	2	0	
North Carolina  2	2	0	
Mississippi     2	1	1	
Arizona         1	1	0	
Idaho           1	1	0	
Tennessee       1	1	0	
Nevada          1	0	1	


Men were 98% (3,006) of all prisoners under sentence of death. 
Whites predominated (57%); blacks comprised 42%; and other races
(1.6%) included 22 Native Americans, 19 Asians, and 8 persons of
unknown race.  Among those for whom ethnicity was known, 8% were
Hispanic. 

The sex, race, and Hispanic origin of those under sentence of
death at yearend 1995 were as follows:

	   Persons under sentence of death, by sex, race, 
           and Hispanic origin, 12/31/95
           ----------------------------------------------		
State	   White  Black    Other
---------------------------------------------------------				
Male        1698   1259     49	
  Hispanic   215     12      7	
Female        32     16      0	
  Hispanic     2      1      0	

Among inmates under sentence of death on December 31, 1995, for
whom information on education was available, three-fourths had
either completed high school (38%) or finished 9th, 10th, or
11th grade (37%).  The percentage who had not gone beyond eighth
grade (15%) was over 40% larger than that of inmates who had
attended some college (10%).  The median level of education was
the 11th grade.

Of inmates under a capital sentence and with reported marital
status, half had never married; a fourth were married at the
time of sentencing; and nearly a fourth were divorced,
separated, or widowed.  



Among all inmates under sentence of death for whom date of
arrest information was available,  more than half were age 20 to
29 at the time of arrest for their capital offense; 12% were age
19 or younger; and less than 1% were age 55 or older.   The
average age at time of arrest was 28 years.  On December 31,
1995, 43% of these inmates were age 30 to 39 and 71% were age 25
to 44.  The youngest offender under sentence of death was age
18; the oldest was 80.  

--------------------------------------------------
Entries and removals of persons under sentence of death 
-------------------------------------------------

Between January 1 and December 31, 1995, 27 State prison systems
reported receiving 308 prisoners under sentence of death; the
Federal Bureau of Prisons received 2 inmates.  Forty-five
percent of the inmates were received in 4 States:  Texas (40),
California (36), North Carolina (34), and Florida (31).  

All 310 prisoners who had been received under sentence of death
had been convicted of murder.  By sex and race, 164 were white
men, 136 were black men, 4 were Asian men, 4 were white women,
and 2 were black women.  Of the 310 new admissions, 26 were
Hispanic men.  No Hispanic women were admitted under sentence of
death in 1995. 

Twenty-one States reported a total of 92 persons whose sentence
of death was overturned or removed.  Appeals courts vacated 55 
sentences while upholding the convictions and vacated 30 sentences 
while overturning the convictions.  Florida (18 exits) had the 
largest number of vacated capital sentences.   Arizona reported 
three commutations of a death sentence; Idaho, Oklahoma, and 
Pennsylvania each reported one.  Mississippi removed 1 inmate 
when an appellate court struck the capital sentence due to a 
violation of the inmate's constitutional right to a speedy trial. 

As of December 31, 1995, 56 of the 92 persons who were formerly
under sentence of death were serving a reduced sentence, 14 were
awaiting a new trial, 17 were awaiting resentencing, 2 had all
capital charges dropped, and 1 had no action taken after being
removed from under sentence of death.  No information was
available on the current status of 2 inmates.

In addition, 13 persons died while under sentence of death in
1995.  Nine of these deaths were from natural causes -- three in
Alabama, and one each in Arizona, Illinois,  Kentucky, North
Carolina, Oklahoma, and Texas.  Two suicides occurred -- one
each in California and Nevada.  Two inmates were killed by other
inmates -- one in Florida and one in Texas.

From 1977, the year after the Supreme Court upheld the
constitutionality of revised State capital punishment laws, to
1995, a total of 4,857 persons entered prison under sentence of
death.  During these 19 years, 313 persons were executed, and
1,870 were removed from under a death sentence by appellate
court decisions and reviews, commutations, or death (An
individual may have received and been removed from under a
sentence of death more than once.   Data are based on the most
recent sentence.)

Among individuals who received a death sentence between 1977 and
1995, 2,468 (51%) were white, 1,975 (41%) were black, 342 (7%)
were Hispanic, and 72 (1%) were of other races.  The
distribution by race and Hispanic origin of the 1,870 inmates
who were removed from death row between 1977 and 1995 was as
follows:  969 whites (52%), 773 blacks (41%), 101 Hispanics
(5%), and 27 persons of other races (2%).  Of the 313 who were 
executed, 171 (55%) were white, 120 (38%) were black, 19 (6%) 
were Hispanic, and 3 (1%) were other races.

-----------------------------------------------------------
Criminal history of inmates under sentence of death in 1995
-----------------------------------------------------------

Among inmates under a death sentence on December 31, 1995, for
whom criminal history information was available, 66% had past
felony convictions, including 8% with at least one previous
homicide conviction.  

Among those for whom legal status at the time of the capital
offense was re-ported, 42% had an active criminal justice
status.  Nearly half of these were on parole and about a fourth
were on probation.  The others had charges pending, were in
prison, 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 (65%) or Hispanics (59%) had a
prior felony conviction.  About the same percentage of  blacks
(9%), whites (8%), or Hispanics (7%) had a prior homicide
conviction.  A slightly higher percentage of Hispanics (25%) or
blacks (24%) than whites (17%) 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 2,299
individuals received under sentence of death during that time,
about 1 in every 7 entered with two or more death sentences.  

Number of death
sentences received   Inmates
------------------   --------	
   Total               100 %
	
1                      85.3
2                      10.3
3 or more               4.4
	
Number admitted under
sentence of death, 
1988-95               2,299	


The proportions of whites, blacks, and Hispanics with two or
more death sentences were nearly identical.

-----------
Executions
-----------

According to data collected by the Federal Government, from 1930
to 1995, 4,172 persons were executed under civil authority
(Military authorities carried out an additional 160 executions,
1930-95.).

After the Supreme Court reinstated the death penalty in 1976, 
26 States executed 313 prisoners:

   1977     1
   1979     2
   1981     1
   1982     2
   1983     5
   1984    21
   1985    18
   1986    18
   1987    25
   1988    11
   1989    16
   1990    23
   1991    14
   1992    31
   1993    38
   1994    31
   1995    56


During this 19-year period, 5 States executed 211 prisoners: 
Texas (104), Florida (36), Virginia (29), Louisiana (22), and
Georgia (20).  These States accounted for two-thirds of all
executions.  Between 1977 and 1995, 170 white non-Hispanic men,
120  black non-Hispanic men, 19 Hispanic men, 2 Native American
men, 1 Asian man, and 1 white non-Hispanic woman were executed.

During 1995 Texas carried out 19 executions;  Missouri executed
6 persons; Illinois and Virginia, 5 each; Florida and Oklahoma,
3 each; Pennsylvania, Alabama, Arkansas, Georgia, and North
Carolina, 2 each; and Delaware, Louisiana, South Carolina,
Arizona, and Montana, 1 each.  All persons executed in 1995 were
male.  Thirty-one were non-Hispanic whites; 22 were non-Hispanic
blacks; 1 was Asian; and 2 were Hispanic.

From 1977 to 1995, 5,237 prisoners were under death sentences
for varying lengths of time.  The 313 executions accounted for
6% of those at risk.  A total of 1,870 prisoners (36% of those
at risk) received other dispositions.  About the same percentage
of whites (6%), blacks (6%), and  Hispanics (5%) were executed. 
Somewhat larger percentages of whites (36%) and blacks (36%)
than Hispanics (28%) were removed from under a death sentence by
means other than execution.

Among prisoners executed between 1977 and 1995, the average time
spent between the imposition of the most recent sentence
received and execution was more than 8 years.  White prisoners
had spent an average of 8 years and 2 months, and black
prisoners, 9 years and 5 months.  The 56 prisoners executed in
1995 were under sentence of death an average of 11 years and 2
months.

For the 313 prisoners executed between 1977 and 1995, the most
common method of execution was lethal injection (180).  Other
methods were electrocution (121), lethal gas (9), hanging (2),
and firing squad (1).

                       Executions, 1977-95
                -----------------------------------  				
                                       Amer-
Method of                       His-   ican	
execution       White   Black   panic  Indian  Asian
-------------------------------------------------------- 
					
Total            171     120     19      2      1
					
Lethal
  injection      100      59     18      2      1
Electrocution     62      58      1      0      0
Lethal gas         6       3      0      0      0
Hanging            2       0      0      0      0
Firing squad       1       0      0      0      0

Among prisoners under sentence of death at yearend 1995, the
average time spent in prison was 6 years and 6 months.

The median time between the imposition of a death sentence and
yearend 1995 was 69 months.  Overall, the average time for women
was 4.8 years -- about three-fourths as long as for men (6.5
years).  On average, whites, blacks, and Hispanics had spent
from 75 to 80 months under a sentence of death.

                    Elapsed time
                    since sentencing
                  ---------------------
                  Mean          Median
                  --------------------- 

   Total          78 mos         69 mos

Male              78             70
Female            58             46

White             80             73
Black             75             64
Hispanic          76             69


---------------------------------------------------------

Appendix. Federal laws providing for the death penalty

---------------------------------------------------------

8 U.S.C. 1342 - Murder related to the smuggling of aliens.

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

18 U.S.C.  36 - Murder committed during a drug-related drive-by
shooting.

18 U.S.C. 37 - Murder committed at an airport serving
international civil aviation.

18 U.S.C. 115(b)(3)[by cross-reference to 18 U.S.C. 1111] -
Retaliatory murder of a member of the immediate family of law
enforcement officials.

18 U.S.C. 241, 242, 245, 247 - Civil rights offenses resulting
in death.

18 U.S.C. 351 [by cross-reference to 18 U.S.C. 1111] - Murder of
a member of Congress, an important executive official, or a
Supreme Court Justice. 

18 U.S.C. 794 - Espionage

18 U.S.C. 844(d), (f), (i) - Death resulting 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. 1114 - Murder of a Federal judge or law enforcement
official.

18 U.S.C. 1116 - Murder of a foreign official.

18 U.S.C. 1118 - Murder by a Federal 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. 1503 - Murder of a court officer or juror.

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

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

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

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

18 U.S.C. 1958 - Murder for hire.

18 U.S.C. 1959 - Murder involved in a racketeering offense.

18 U.S.C. 1992 - Willful wrecking of a train resulting in death.

18 U.S.C. 2113 - Bank-robbery-related murder or kidnaping.  

18 U.S.C. 2119 - Murder related to a carjacking.

18 U.S.C. 2245 - Murder related to rape or child molestation.

18 U.S.C. 2251 - Murder related to sexual exploitation of
children.

18 U.S.C. 2280 - Murder committed during an offense against
maritime navigation.

18 U.S.C. 2281 - Murder committed during an offense against a
maritime fixed platform.

18 U.S.C. 2332 - Terrorist murder of a U.S. national in another
country.

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

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

18 U.S.C. 2381 - Treason.

21 U.S.C. 848(e) -  Murder related to a continuing criminal
enterprise or related murder of a Federal, State, or local law
enforcement officer.

49 U.S.C. 1472-1473 - Death resulting from aircraft hijacking.

------------------------
Methodological note 
------------------------

The statistics reported in this Bulletin may differ from data
collected by other organizations for a variety of reasons:  (1)
National Prisoner Statistics (NPS) adds inmates to the number
under sentence of death not at sentencing but at the time they
are admitted to a State or Federal correctional facility. (2) If
in one year inmates entered prison under a death sentence or
were reported as being relieved of a death sentence but the
court had acted in the previous year, the counts are adjusted to
reflect the dates of court decisions.  (See the note on table 4
for the affected jurisdictions.)  (3) NPS counts for capital
punishment are always for the last day of the calendar year and
will differ from counts for more recent periods.

--------------------------------------------------------------
The Bureau of Justice Statistics is the statistical 
agency of the U.S. Department of Justice.  Jan M. Chaiken,
Ph.D., is director. 

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

This Bulletin was written by Tracy L. Snell under the
supervision of Allen J. Beck.  James J. Stephan and Jodi M.
Brown provided statistical review.  Tom Hester and Tina Dorsey
edited the report.  Marilyn Marbrook administered production.

At the Bureau of the Census, Patricia A. Clark collected the
data under the supervision of Gertrude Odom.


December 1996, NCJ-162043

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Data may be obtained from the National Archive of Criminal
Justice Data at the University of Michigan, 1-800-999-0960.  
The data sets are archived as Capital Punishment, 1973-95.

The data and the report, as well as others from the Bureau of
Justice Statistics, are also available through the Internet:
http://www.ojp.usdoj.gov/bjs/
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