U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics
es SELECTED FINDINGS
July 2019
Capital Punishment, 2017
Selected Findings
Tracy L. Snell, BJS Statistician
T« report presents selected findings from
the Bureau of Justice Statistics’ annual data
collection on capital punishment. It includes
statistics on the number of prisoners executed each
year from 1977 through 2017, the number and race of
prisoners under sentence of death at year-end 2017 by
state, and the average elapsed time from sentence to
execution by year from 1977 through 2017.
BJS obtained data on prisoners under sentence of
death from the department of corrections in each
jurisdiction that authorized the death penalty as of
December 31, 2017. The status of the death penalty
was obtained from the office of the attorney general in
each of the 50 states, the District of Columbia, and the
federal government. Data covered all persons under
sentence of death at any time during the year who were
held in a state or federal non-military correctional
facility. It included capital offenders transferred from
prison to mental hospitals and those who may have
escaped from custody. It excluded persons whose death
sentences had been overturned in court, regardless of
their current incarceration status.
NCJ 253060
FIGURE 1
Annual number of prisoners executed under civil
authority in the United States, 1977-2017
Number
100
\
hh
N
0
77°80 785 9095500051011
Source: Bureau of Justice Statistics, National Prisoner Statistics - Capital
Punishment, 1977-2017. See table 3 for counts of prisoners executed.
HIGHLIGHTS
= At year-end 2017, a total of 32 states and the Federal
Bureau of Prisons (BOP) held 2,703 prisoners under
sentence of death, which was 94 (3%) less than at
year-end 2016.
In 2017, the number of prisoners held under sentence
of death declined for the 17th consecutive year.
Eighteen states held fewer prisoners under sentence
of death at year-end 2017 than at year-end 2016,
3 states and the BOP held more prisoners, and
11 states held the same number.
Three states accounted for 59% of the national decline
in prisoners under sentence of death in 2017: Florida
(down 33 prisoners), Delaware (down 12), and Texas
(down 10).
= Thirty-four states and the federal government
authorized the death penalty at year-end 2017; two
of these states (New York and Wyoming) had no
prisoners under sentence of death during the year.
= Prisoners executed in 2017 had been under sentence
of death for an average of 20 years and 3 months,
which was an increase of 3 years and 3 months
from 2016 and an increase of 7 years and 6 months
from 2007.
= Of the 23 prisoners executed in 2017, a total of 16
(more than two-thirds) had been sentenced in 1999
or earlier.
BJS
TABLE 1
Status of the death penalty, December 31, 2017
Number of prisoners under Jurisdictions without
Executions in 2017 sentence of death death penalty
Texas 7 California 742 Alaska
Arkansas 4 Florida 349 Connecticut
Alabama 3 Texas 234 District of Columbia
Florida 3 Alabama 182. Hawaii
Ohio 2 Pennsylvania 154 Illinois
Virginia 2 North Carolina 143 lowa
Missouri 1 Ohio 138 Maine
Georgia 1 Arizona 120 Maryland
Nevada 83 Massachusetts
Louisiana 71 Michigan
Tennessee 60 Minnesota
Federal Bureau of Prisons 59 New Jersey
Georgia 55 North Dakota
Oklahoma 46 Rhode Island
Mississippi 45 Vermont
18 other states? 222 West Virginia
Wisconsin
Total 23 Total 2,703
The 18 other states include New Mexico and Delaware. New Mexico repealed the death penalty
for offenses committed on or after July 1, 2009. As of December 31, 2017, two male prisoners
in New Mexico were under previously imposed death sentences. The Delaware Supreme Court
has held that a portion of Delaware's death penalty sentencing statute (11 Del. C. § 4209) is
unconstitutional (Rauf v. State, 145 A.3d 430 (Del. 2016)). No legislative action has been taken to
amend the statute. As a result, capital cases are no longer pursued in Delaware. As of December
31, 2017, one male prisoner in Delaware remained under a previously imposed death sentence.
Source: Bureau of Justice Statistics, National Prisoner Statistics - Capital Punishment, 2017.
CAPITAL PUNISHMENT, 2017: SELECTED FINDINGS | JULY 2019
TABLE 2
Prisoners under sentence of death, by region, jurisdiction, and race, 2016 and 2017
Prisoners under sentence Received under sentence Removed from death row Prisoners under sentence
Region and of death, 12/31/16 of death, 2017 (excluding executions), 20174 Executed, 20175 of death, 12/31/17
iurisdiction® Total’ White® Black® Total! oh Black® Total’ White® Black® Total’ White® Black® Total’ White® Black®
U.S. total 2,797 1,553 1,179 34 nN 105 52 53 23 15 8 2,703 1,508 1,129
Federalf 58 30 27 2 % 0 1 0 1 0 0 0 59 32 26
State 2,739 1,523 1,152 32 20 a} 104 52 52 23 15 8 2,644 1,476 1,103
Northeast 160 72 85 2 1 1 7 2 5 0 0 0 155 7 81
New Hamp. 1 0) 1 0 0) 0 0 0 0 0 0 0 1 0 1
New York 0) 0 0 0 0 0 0 0 0 ) 0 0 0 0 0
Pennsylvania 159 72 84 2 1 1 7 2 5 0 0 0 154 71 80
Midwest 201 108 92 3 1 2 5 4 1 3 3 0 196 102 93
Indiana 13 10 3 0 0 ) 3 3 0 0 0 0 10 7 3
Kansas 10 7 3 0 0 0 0 0 0 0 0 0 10 7 3
Missouri 25 7 8 1 1 0 1 0 1 1 1 0 24 7 7
Nebraska 10 8 2 1 0 1 0 0 0 0 0 0 aa} 8 3
Ohio 140 63 76 1 0 1 1 1 0 2 2 0 138 60 7
South Dakota 3 3 0 0 0 0 0 0) 0 0 0 0 3 3 0
South 1,370 708 644 10 5 5 75 33 42 20 12 8 1,285 668 599
Alabama 183 88 94 2 1 1 0 0 0 3 1 2 182 88 93
Arkansas 35 16 19 1 1 0 3 2 1 4 1 3 29 14 15
Delaware 13 5 8 ) 0 0 12 5 i 0 0 0 1 0 1
Florida 382-232 149 2 0 2 32 14 18 3 3 0 349215 133
Georgia 58 27 31 0 0 0 2 1 1 1 1 0 55 25 30
Kentucky 32 27 5 0 0 0 0 0 0) Lt) 0 0 32 27 5
Louisiana 73 24 49 0 0 0 2 1 1 0 0 0 71 23 48
Mississippi 47 20 26 0 0 0 2 0 2 0 0 0 45 20 24
N. Carolina 150 63 80 0 0 0 7 5 2 0 0 0 143 58 78
Oklahoma 46 22 21 1 0 1 1 1 0 0 0 0 46 21 22
S. Carolina 37 16 21 0 0 0 2 0 2 0 0 0 35 16 19)
Tennessee 63 32 30 0 0 0 3 0 3 0 0 0 60 32 27
Texas 244-132 108 4 3 1 7 2 5 qi 5 2 234 128 102
Virginia t 4 3 0 0 0) 2 2 0 2 1 1 3 1 2
West 1,008 635 331 17: 13 3 7 13 4 0 0 0 1,008 635 = 330
Arizona 119 95 18 4 2 1 3 3 0 0 0 0) 120 94 19
California 742-439 271 9 7 2 9 8 1 0 ) 0 742 438 =—(272
Colorado 3 0 3 0 0 0 0) 0 0 0 0 0 3 0 3
Idaho 9 9 0 0 0 0 0 0 0 0 0 ) 9 9 0
Montana 2 2 0 0) 0 0 0 0 0 0 0 0 2 2 0
Nevada 81 48 31 4 4 0 2 1 1 0 0 0 83 51 30
New Mexico 2 2 0 0 0 0 0 0 0 0 0 0 2 2 0
Oregon 32 28 3 0 0 0 2 1 1 0 0 0 30 27 2
Utah 9 7 1 0 0 0 0 0 0) 0 0 0 9 7 1
Washington 9 5 4 0 0 0 1 0 1 0 0) 0 8 5 3
Wyoming 0 0 i} 0 0 0 0 0 0 0 0 0 0 0 0
Note: Some counts shown for year-end 2016 are revised from those reported in Capital Punishment, 2016 (NCJ 251430, BJS web, April 2018). The revised counts
include 5 prisoners who were either reported late to the National Prisoner Statistics program or were not in the custody of state correctional authorities on
December 31, 2016 (1 in Alabama and 4 in California), and they exclude 23 prisoners who BJS has since learned were relieved of a death sentence before December
31, 2016 (15 in Pennsylvania, 4 in California, 2 in Nevada, and 1 each in Alabama and Oregon). Counts for December 31, 2016, also include 1 prisoner in Arizona
who was erroneously reported as being removed from under sentence of death.
includes 21 deaths from natural causes (5 each in North Carolina and California; 2 each in Texas and Arizona; and 1 each in Pennsylvania, Arkansas, Georgia,
Louisiana, Tennessee, Nevada, and Washington), 2 deaths by suicide (1 each in Ohio and Oklahoma), and 1 death resulting from a traffic accident (Florida).
two of the white prisoners executed in Texas were of Hispanic or Latino origin; none of the black prisoners executed were of Hispanic or Latino origin. This is
reflected in the U.S. and state totals.
Based on U.S. Census Bureau's regions and divisions of the United States. https: 2.censu us_regdiv.pdf
Includes American Indians and Alaska Natives; Asians, Native Hawaiians, and Other Pacific Islanders; and persons of Hispanic or Latino origin for whom no other
race was identified.
includes persons of Hispanic or Latino origin.
Excludes persons held under U.S. Armed Forces jurisdiction with a military death sentence for murder.
Source: Bureau of Justice Statistics, National Prisoner Statistics - Capital Punishment, 2017.
CAPITAL PUNISHMENT, 2017: SELECTED FINDINGS | JULY 2019 3
TABLE 3
ge time b ing and
1977-2017
Average elapsed time
Year Number executed from sentence to execution*
Total 1,465 143 mos.
1977 1 3
1978 0 ;
1979 2 42
1980 0 :
1981 1 13
1982 2 52
1983 5 71
1984 21 74
1985 18 71
1986 18 87
1987 25 86
1988 aa} 80
1989 16 95
1990 23 95
1991 14 116
1992 31 114
1993 38 113
1994 31 122
1995 56 134
1996 45 125
1997 74 133
1998 68 130
1999 98 143
2000 85 137
2001 66 142
2002 71 127
2003 65 131
2004 59 132
2005 60 147
2006 53 145
2007 42 153
2008 37 139
2009 52 169
2010 46 178
2011 4B 198
2012 4B 190
2013 39 186
2014 35 218
2015 28 195
2016 20 204
2017 23 243
Note: In 1972, the U.S. Supreme Court invalidated capital punishment
statutes in several states (Furman v. Georgia, 408 U.S. 238 (1972)),
effecting a moratorium on executions. Executions resumed in 1977,
when the Supreme Court found that revisions to statutes in several states
had effectively addressed the issues previously held unconstitutional
(Gregg v. Georgia, 428 US. 153 (1976) and its companion cases).
‘Not applicable.
*Average time was calculated from the most recent sentencing date.
Source: Bureau of Justice Statistics, National Prisoner Statistics ~ Capital
Punishment, 2017.
CAPITAL PUNISHMENT, 2017: SELECTED FINDINGS | JULY 2019
The Bureau of Justice Statistics of the U.S. Department of Justice is the
principal federal agency responsible for measuring crime, criminal
victimization, criminal offenders, victims of crime, correlates of crime,
and the operation of criminal and civil justice systems at the federal,
state, tribal, and local levels. BJS collects, analyzes, and disseminates
reliable statistics on crime and justice systems in the United States,
supports improvements to state and local criminal justice information
systems, and participates with national and international organizations
to develop and recommend national standards for justice statistics.
Jeffrey H. Anderson is the director.
The content in this report was compiled and prepared by Tracy L. Snell.
Todd Minton verified the report.
Edrienne Su edited the report. Carrie Epps produced the report.
July 2019, NCJ 253060
NCJ253060
Office of Justice Programs
Building Solutions « Supporting Communities » Advancing Justice
www.ojp.gov
