Capital Punishment, 2021 – Statistical Tables

Bureau of Justice Statistics · Statistical Tables

U.S. Department of Justice

Oce of Justice Programs

Bureau of Justice Statistics

November 2023, NCJ 305534

Capital Punishment, 2021 –

Statistical Tables

t yearend 2021, a total of 27 states and

the Federal Bureau of Prisons (BOP)

held 2,382 prisoners under sentence of

death, which was 79 (3%) fewer than at yearend

2020 (table 1, gure 1). California (29%),

Florida (14%), and Texas (8%) held more than

half of the prisoners under sentence of death in

the United States on December 31, 2021. e

BOP held 42 prisoners under sentence of death

at yearend.

At yearend 2021, 30 states and the federal

government had death penalty statutes (map1).

In July 2021, Virginia abolished the state’s

capital murder oense (see Status of the death

penalty in2021), leaving a total of 20 states and

Tracy L. Snell, BJS Statistician

the District of Columbia with no death penalty

statute in force on December 31, 2021.

MAP 1

States with and without death penalty statutes, yearend 2021

Had the death penalty as of

December 31, 2021 but did not carry

out an execution in 2021

Had no death penalty as of

December 31, 2021

Had the death penalty as of

December 31, 2021 and carried out

an execution in 2021*

Note: See table 2 for details on states that authorized the death penalty.

*Not shown: Federal Bureau of Prisons, which carried out three executions in 2021. See table 1 for executions by jurisdiction.

Source: Bureau of Justice Statistics, National Prisoner Statistics program (NPS-8), 2021.

Five states (Texas, Oklahoma, Missouri,

Alabama, and Mississippi) and the BOP executed

a total of 11 prisoners in 2021. Among the

prisoners executed, 10 were male and 1 was

female (not shown in tables). Texas and the BOP

each executed three prisoners, which accounted

for more than half of the executions carried out

in 2021.

is report presents statistics on prisoners

who were under sentence of death in 2021, a

summary of state and federal death penalty laws

in 2021, and historical trends in executions.

Capital Punishment, 2021 – Statistical Tables | November 2023 2

TABLE 1

Status of the death penalty, December 31, 2021

Executions in 2021 Number of prisoners under sentence of death Jurisdictions with no death penalty (21)

Federal Bureau of Prisons 3 California 690 Alaska

Texas 3 Florida 324 Colorado

Oklahoma 2 Texas 198 Connecticut

Missouri 1 Alabama 169 District of Columbia

Alabama 1 North Carolina 136 Hawaii

Mississippi 1 Ohio 132 Illinois

Arizona 114 Iowa

Pennsylvania 111 Maine

Louisiana 62 Maryland

Nevada 61 Massachusetts

Tennessee 47 Michigan

Oklahoma 44 Minnesota

Federal Bureau of Prisons 42 New Hampshire

Georgia 38 New Jersey

Mississippi 36 New Mexico

South Carolina 34 North Dakota

Arkansas 28 Rhode Island

Kentucky 26 Vermont

Oregon 23 Virginia

Missouri 19 West Virginia

Nebraska 12 Wisconsin

Kansas 9

Idaho 8

Indiana 8

Utah 7

Montana 2

New Hampshire

South Dakota 1

Total 11 Total

2,382

Note: While the Washington Supreme Court has declared the state’s death penalty statute unconstitutional as applied (State v. Gregory, 192 Wash.

2d 1, 427 P.3d 621 (2018)), no legislative action has been taken to revise or repeal the statute. The state continues to report that the death penalty is

authorized. See table 2 for information on statutes.

New Hampshire repealed the death penalty eective May 30, 2019. As of December 31, 2021, one male prisoner remained under a previously

imposed sentence of death.

New York, Delaware, Washington, and Wyoming held no inmates under sentence of death on December 31, 2021.

Source: Bureau of Justice Statistics, National Prisoner Statistics program (NPS-8), 2021.

Capital Punishment, 2021 – Statistical Tables | November 2023 3

Terms and definitions

Aggravating factors—Specic elements of a crime

dened by statute. When present, these factors may

allow a jury to impose a death sentence for a person

convicted of a capital oense. Sometimes these are also

called aggravating circumstances.

Capital conviction—A formal declaration that a

defendant is guilty of a capital oense, made by the

verdict of a jury, the decision of a judge, or a guilty plea

by the defendant in a court of law.

Capital oense—A criminal oense punishable by

death. Oenses that are eligible for a death sentence are

dened by statute in each jurisdiction that authorizes

capital punishment. The most common is rst-degree

murder accompanied by at least one aggravating factor.

Capital punishment—The process of sentencing

convicted oenders to death for the most serious crimes

and carrying out that sentence. The specic oenses and

circumstances that determine whether a crime is eligible

for a death sentence are dened by statute and are

prescribed by the U.S. Congress or a state legislature.

Capital statute—State or federal laws dictating

specic crimes that are eligible for a death sentence

and specic procedures to be followed in carrying out

such sentences.

Civil authority—The state or federal entity responsible

for implementing and enforcing capital punishment

laws, excluding military authorities.

Commutation—Reduction of a death sentence by

the president (federal) or by a governor or a board of

advisors empaneled to review sentences (state). Criteria

for granting a commutation vary by state. The new

sentence can be to life or a term of years.

Death row—A slang term that originally referred to

the area of a prison in which prisoners under sentence

of death were housed. Usage of the term “death row”

continues despite the fact that many states do not

maintain a separate unit or facility for prisoners under

sentence of death.

Received under sentence of death—The admission of

a person to prison after being sentenced to death by

acourt.

Removal from under sentence of death—The removal

of a prisoner from the count of prisoners under

sentence because the sentence is no longer in eect.

A prisoner can be relieved of a death sentence by

several methods: execution, death by causes other

than execution, commutation, an overturned capital

conviction or sentence, or a change in the statute

dening capital punishment.

Sentence of death—A sentence imposed by a court for

a capital oense that authorizes the state to execute a

convicted oender.

Capital Punishment, 2021 – Statistical Tables | November 2023 4

List of tables

TABLE 1. Status of the death penalty, December31, 2021

TABLE 2. Capital oenses, by state, 2021

TABLE 3. Federal capital oenses, 2021

TABLE 4. Authorized method of execution, by state, 2021

TABLE 5. Prisoners under sentence of death, by region, jurisdiction, and race, 2020 and 2021

TABLE 6. Demographic characteristics of prisoners under sentence of death, 2021

TABLE 7. Female prisoners under sentence of death, by region, jurisdiction, and race, 2020 and2021

TABLE 8. Hispanic prisoners under sentence of death, by region and jurisdiction, 2020 and2021

TABLE 9. Criminal history of prisoners under sentence of death, by race or ethnicity, 2021

TABLE 10. Prisoners under sentence of death on December 31, 2021, by year of sentencing and

jurisdiction

TABLE 11. Prisoners removed from under sentence of death, by region, jurisdiction, and method of

removal, 2021

TABLE 12. Average elapsed time between sentencing and execution, 1977–2021

TABLE 13. Number of executions, by jurisdiction, 1930–2021 and 1977–2021

List of gures

MAP 1. States with and without death penalty statutes, yearend 2021

FIGURE 1. Number of prisoners under sentence of death, 1953–2021

FIGURE 2. Admissions to and removals from under sentence of death, 1973–2021

FIGURE 3. Number of prisoners under sentence of death, by race, 1968–2021

FIGURE 4. Number of prisoners executed in the United States, 1930–2021

FIGURE 5. Advance count of executions, January 1, 2022–December 31, 2022

List of appendix tables

APPENDIX TABLE 1. Number of prisoners executed, by race or ethnicity, 1977–2021

APPENDIX TABLE 2. Number of executions, by method and jurisdiction, 1977–2021

APPENDIX TABLE 3. Counts for gure 1: Number of prisoners under sentence of death, 1953–2021

APPENDIX TABLE 4. Counts for gure 2: Admissions to and removals from under sentence of death,

1973–2021

APPENDIX TABLE 5. Counts for gure 3: Number of prisoners under sentence of death, by race,

1968–2021

APPENDIX TABLE 6. Counts for gure 4: Number of prisoners executed in the United States, 1930–2021

Capital Punishment, 2021 – Statistical Tables | November 2023 5

Key findings

 During 2021, the number of prisoners under sentence

of death declined for the 21st consecutive year

(gure1). (See Status of the death penalty in 2021.)

 A total of 16 prisoners were received under sentence

of death in 2021, one more than was reported in 2020

(gure 2).

 Twenty states and the Federal Bureau of Prisons (BOP)

removed a total of 84 prisoners from under sentence of

death by means other than execution in 2021 (table 5).

 Among jurisdictions with prisoners under sentence of

death at yearend 2021, 19 states and the BOP reported

a decrease in the number of prisoners held under

sentence of death, 8 states reported no change, and no

states reported an increase in the number of prisoners

held under sentence of death. Four states held no

prisoners under sentence of death during 2021.

 The largest declines in the number of prisoners under

sentence of death in 2021 occurred in California (down

14 prisoners) and Florida (down 11).

 Almost all (98%) prisoners under sentence of death

were male (table 6).

 Among prisoners under sentence of death at yearend

2021 with a known ethnicity, about 16% were Hispanic.

FIGURE 1

Number of prisoners under sentence of death,

1953–2021

Number

500

,000

,500

,000

,500

,000

,500

,000

2020-21 2010200019901980197019601953

Note: Data on the number of prisoners under sentence of death at

yearend have been collected since 1953. See appendix table 3

for counts.

Source: Bureau of Justice Statistics, National Prisoner Statistics program

(NPS-8), 1953–2021.

FIGURE 2

Admissions to and removals from under sentence of

death, 1973–2021

Number

100

150

200

250

300

350

2020-2120102000199019801973

Removals

Admissions

Note: Removals can be due to any cause, including execution, other

death, or appeal. See appendix table 4 for counts.

Source: Bureau of Justice Statistics, National Prisoner Statistics program

(NPS-8), 1973–2021.

Continued on next page

Capital Punishment, 2021 – Statistical Tables | November 2023 6

Key findings (continued)

 At yearend 2021, 1,353 (57%) prisoners under

sentence of death were white and 969 (41%) were

black (gure 3).

 At yearend 2021, 14 states held 50 female prisoners

under sentence of death, one fewer than was reported

in 2020 (table 7).

 Eighteen states and the BOP held 336 Hispanic

prisoners under sentence of death at yearend 2021

(table 8).

 Among prisoners under sentence of death on

December 31, 2021 with a known criminal history, two-

thirds (68%) had a prior felony conviction (table 9).

 Prisoners under sentence of death on December31,

2021 had been on death row for an average of

20.2years (table 10).

 Fifteen states and the BOP reported 45 prisoners whose

convictions or sentences were vacated or overturned

during 2021 (table 11).

 Prisoners executed during 2021 had been on death row

for an average of 19.4 years (table 12).

 Between 1977 and yearend 2021, 34 states and

the federal government executed 1,540 prisoners

(table13).

 Between 1930, when the federal government began

collecting annual execution statistics, and yearend

2021, a total of 5,393 persons were executed under civil

authority (table13, gure 4).

Following the U.S. Supreme Court’s 1976 approval of revised

statutes in some states (Gregg v. Georgia and its companion cases),

executions of inmates resumed in 1977.

Military authorities carried out an additional 160 executions

between 1930 and 1961, which are not included in this report.

FIGURE 3

Number of prisoners under sentence of death, by race,

1968–2021

Number

500

,000

,500

,000

2021201020001990198019701968

All other races

a,b

Black

White

Note: Data on Hispanic origin was not collected prior to 1977.

Seeappendix table 5 for counts.

Includes prisoners of Hispanic origin.

Includes American Indian or Alaska Native prisoners; Asian, Native

Hawaiian, or Other Pacic Islander prisoners; and prisoners for whom

only ethnicity was identied.

Source: Bureau of Justice Statistics, National Prisoner Statistics program

(NPS-8), 1968–2021.

FIGURE 4

Number of prisoners executed in the United States,

1930–2021

Executions

100

150

200

2021

201020001990198019701960195019401930

Note: Excludes 160 executions carried out by military authorities from

1930 to 1961. See appendix table 6 for counts.

Source: Bureau of Justice Statistics, National Prisoner Statistics program

(NPS-8), 1930–2021.

Capital Punishment, 2021 – Statistical Tables | November 2023 7

Status of the death penalty in 2021

As of December 31, 2021, a total of 30 states and the

federal government authorized the death penalty

(tables 2 and 3). While the Washington Supreme

Court declared the state death penalty statute

unconstitutional, as applied, on October 11, 2018 (State

v. Gregory, 192 Wash. 2d 1, 427 P.3d 621 (2018)), the

Washington state legislature has neither revised nor

repealed the statute.

In 2019, New Hampshire repealed the death penalty

(HB 455), eective May 30, 2019. The repeal did not

aect previously imposed death sentences, and as of

December 31, 2021, New Hampshire held one male

prisoner under sentence of death.

In 2021, the Virginia legislature repealed the death

penalty, replacing the crime of capital murder with

aggravated murder (2021 Va. Acts chs. 344, 345, Spec.

Sess. I). The amended law provided that all prisoners

under previously imposed death sentences (2) would

have their sentences changed to life imprisonment

without the possibility of parole, eective July 1, 2021.

Oregon recently revised the denition of aggravated

murder (Or. Laws 2019, ch. 365), which substantially

reduced the scope of oenses eligible for the death

penalty. (See Status of the death penalty in 2019 in Capital

Punishment, 2019 – Statistical Tables (NCJ 300381, BJS,

June 2021).) On October 7, 2021, the Oregon Supreme

Court ruled that the change in the law may be applied

retroactively (State v. Bartol, 368 Or 598 (2021)). As a

result, prisoners sentenced to death prior to September

2019 may be entitled to have their death sentences

vacated since those sentences are now in violation of

Article 1, Section 16 of the Oregon Constitution.

During 2021, Ohio amended its code of criminal

procedure to prohibit imposition of the death penalty

for aggravated murder when the oender had a

serious mental illness at the time of the oense (O.R.C.

§ 2929.025). An oender who has been diagnosed

with schizophrenia, schizoaective disorder, bipolar

disorder, and/or delusional disorder and proves that the

condition(s) impaired the oender’s capacity at the time

of the oense will be sentenced to life imprisonment

without parole if convicted. The amendments became

eective April 12, 2021.

South Carolina amended its death penalty statute to

authorize a ring squad as a method of execution (S.C.

Code § 24-3-530), eective May 14, 2021.

Tennessee established a mechanism to allow

defendants who were sentenced to death prior to the

statute’s enactment date and whose conviction is nal

on direct review to petition the trial court to determine

if the defendant is intellectually disabled (Tenn. Code

Ann. § 39-13-203). The change became eective

May18,2021.

Authorized methods of execution in 2021

Methods of execution are dened by statute and

vary by jurisdiction. In 2021, all 30 states with a death

penalty statute authorized lethal injection as a method

of execution (table 4). Fourteen states also authorized

an alternative method of execution: electrocution

(8states), ring squad (4), lethal gas (3), nitrogen

hypoxia (3), and hanging (2).

In states that authorized multiple methods of

execution, the condemned prisoner usually selected

the method. Five states (Arizona, Arkansas, Kentucky,

Tennessee, and Utah) stipulated which method must

be used depending on the date of either the oense or

sentencing. Six states authorized alternative methods

if lethal injection was ruled to be unconstitutional:

Arkansas authorized electrocution; Delaware authorized

hanging; Mississippi and Oklahoma authorized

electrocution, ring squad, or nitrogen hypoxia; Utah

authorized ring squad; and Wyoming authorized

lethal gas.

Federal prisoners are executed by lethal injection,

pursuant to 28 C.F.R. Part 26. For oenses prosecuted

under the federal Violent Crime Control and Law

Enforcement Act of 1994, the law of the state in which

the conviction took place determines the method used

(18 U.S.C. § 3596).

Continued on next page

Capital Punishment, 2021 – Statistical Tables | November 2023 8

Status of the death penalty in 2021 (continued)

Note: New Hampshire repealed its death penalty eective May 30, 2019. One man remains under a previously imposed sentence of death.

The Delaware Supreme Court held that a portion of Delaware’s death penalty sentencing statute (11 Del. C. § 4209) was 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.

The New York Court of Appeals held that a portion of New York’s death penalty sentencing statute (C.P.L. 400.27) was unconstitutional (People

v. Taylor, 9 N.Y.3d 129 (2007)). No legislative action has been taken to amend the statute. As a result, capital cases are no longer pursued in New

York.

The Washington Supreme Court has declared the state’s death penalty statute unconstitutional as applied (State v. Gregory, 192 Wash. 2d 1, 427

P.3d 621 (2018)). No legislative action has been taken to revise or repeal the statute.

Source: Bureau of Justice Statistics, National Prisoner Statistics program (NPS-8), 2021.

TABLE 2

Capital offenses, by state, 2021

State Oense

Alabama Intentional murder (Ala. Stat. Ann. § 13A-5-40(a)(1)-(21)) with 14 aggravating factors (Ala. Stat. Ann. § 13A-5-49).

Arizona First-degree murder, including premeditated murder and felony murder, accompanied by at least 1 of 10 aggravating

factors (A.R.S. § 13-703(F)).

Arkansas Capital murder (Ark. Code Ann. § 5-10-101) with a nding of at least 1 of 10 aggravating circumstances; and treason

(Ark. Code Ann. § 5-51-201).

California First-degree murder with special circumstances; military sabotage; trainwreck causing death; treason; perjury

resulting in the execution of an innocent person; and fatal assault by a prisoner serving a life sentence.

Delaware

First-degree murder (11 Del. C. § 636) with at least 1 statutory aggravating circumstance (11 Del. C. § 4209).

Florida First-degree murder, dened as premeditated murder, felony murder, and death resulting from capital drug-

tracking felonies (Fla Stat. § 782.04(1)(a)) accompanied by aggravating factors (Fla Stat. § 921.141(6)).

Georgia Murder with aggravating circumstances; rape, armed robbery, or kidnapping with bodily injury or ransom when the

victim dies; aircraft hijacking; and treason (O.C.G.A. § 17-10-30).

Idaho First-degree murder with aggravating factors; rst-degree kidnapping; and perjury resulting in the execution of an

innocent person.

Indiana Murder with 1 or more of 18 aggravating circumstances (I.C. 35-50-2-9).

Kansas Intentional and premeditated killing of a person in 1 or more of 7 dierent circumstances (K.S.A. 21-5401).

Kentucky Intentional murder with the presence of at least 1 statutory aggravating circumstance; and capital kidnapping (K.R.S.

532.025).

Louisiana First-degree murder (La. R.S. 14:30) with aggravating circumstances (La. C.Cr.P 905.4); and treason (La. R.S. 14:113).

Mississippi Capital murder with aggravating circumstances (Miss. Code Ann. § 97-3-19(2)); and aircraft piracy (Miss. Code Ann. §

97-25-55(1)).

Missouri First-degree murder with at least 1 statutory aggravating circumstance (565.020 R.S.M.O. 2000).

Montana Deliberate homicide, including felony murder, with 1 of 9 aggravating circumstances (Mont. Code Ann. § 46-18-303);

aggravated kidnapping resulting in death of victim or rescuer; attempted deliberate homicide, aggravated assault,

or kidnapping while in detention; and capital sexual intercourse without consent (Mont. Code Ann. § 45-5-503).

Nebraska First-degree murder with a nding of 1 or more statutory aggravating circumstances.

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

New York

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

North Carolina First-degree murder (N.C. Gen. Stat. § 14-17) with the nding of at least 1 of 11 statutory aggravating circumstances

(N.C. Gen. Stat. § 15A-2000(e)).

Ohio Aggravated murder with at least 1 of 10 aggravating circumstances (O.R.C. 2903.01, 2929.02, 2929.04).

Oklahoma First-degree murder (21 O.S. § 701.7) in conjunction with a nding of at least 1 of 8 statutorily dened aggravating

circumstances (21 O.S. § 701.12) .

Oregon Aggravated murder (Or. Rev. Stat. 163.095).

Pennsylvania First-degree murder (18 Pa.C.S.A § 2502(a)) with 18 aggravating circumstances (42 Pa.C.S.A § 9711).

South Carolina Murder with at least 1 of 12 aggravating circumstances (S.C. Code § 16-3-20(C)(a)).

South Dakota First-degree murder (S.D.C.L. 22-16-4) with 1 of 10 aggravating circumstances (S.D.C.L. 23A-27A-1).

Tennessee First-degree murder (Tenn. Code Ann. § 39-13-202) with 1 of 18 aggravating circumstances (Tenn. Code Ann. § 39-13-

204).

Texas Capital murder, dened as criminal homicide with 1 of 9 statutory aggravators (Tex. Penal Code § 19.03).

Utah Aggravated murder (Utah Code Ann. § 76-5-202).

Washington

Aggravated rst-degree murder.

Wyoming First-degree murder, including premeditated murder and murder during the commission of sexual assault, sexual

abuse of a minor, arson, robbery, burglary, escape, resisting arrest, kidnapping, or abuse of a minor younger than

age 16 (W.S.A. § 6-2-101(a)).

Continued on next page

Capital Punishment, 2021 – Statistical Tables | November 2023 9

Status of the death penalty in 2021 (continued)

TABLE 3

Federal capital offenses, 2021

Federal statute Oense

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 ocials.

18 U.S.C. §§ 241, 242, 245, 247 Civil rights oenses 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 ocial, or a U.S. Supreme

Courtjustice.

18 U.S.C. § 794 Espionage.

18 U.S.C. §§ 844(d), (f), (i) Death resulting from oenses 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 rearm during a crime of violence or a drug-

tracking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 ocial.

18 U.S.C. § 1116 Murder of a foreign ocial.

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 ocial or other person aiding in a federal

investigation; or murder of a state correctional ocer.

18 U.S.C. § 1201 Murder during a kidnapping.

18 U.S.C. § 1203 Murder during a hostage taking.

18 U.S.C. § 1503 Murder of a court ocer or juror.

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

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

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

18 U.S.C. § 1751 [by cross-reference to

18 U.S.C. §1111]

Assassination or kidnapping resulting in the death of the U.S. president or U.S. vice

president.

18 U.S.C. § 1958 Murder for hire.

18 U.S.C. § 1959 Murder involved in a racketeering oense.

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

18 U.S.C. § 2113 Murder or kidnapping related to bank robbery.

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 oense against maritime navigation.

18 U.S.C. § 2281 Murder committed during an oense against a maritime xed 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 ocer.

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

Source: Bureau of Justice Statistics, National Prisoner Statistics program (NPS-8), 2021.

Continued on next page

Status of the death penalty in 2021 (continued)

TABLE 4

Authorized method of execution, by state, 2021

Jurisdiction Lethal injection

Electrocution Lethal gas Hanging

Firing squad

Nitrogen

hypoxia

Total 30 8 3 2 4 3

Alabama   

Arizona

 

Arkansas

 

California



Delaware

 

Florida

 

Georgia 

Idaho 

Indiana 

Kansas 

Kentucky

 

Louisiana 

Mississippi

   

Missouri  

Montana 

Nebraska 

Nevada 

New York 

North Carolina 

Ohio 

Oklahoma

   

Oregon 

Pennsylvania 

South Carolina   

South Dakota



Tennessee

 

Texas 

Utah

 

Washington  

Wyoming

 

Note: The method of execution of federal prisoners is lethal injection, pursuant to 28 C.F.R. Part 26. For oenses prosecuted under the Violent

Crime Control and Law Enforcement Act of 1994, the execution method is that of the state in which the conviction took place (18 U.S.C. § 3596).

Counts exclude New Hampshire, which repealed the death penalty eective May 30, 2019. The one male prisoner remaining under sentence of

death is subject to execution by lethal injection or by hanging if lethal injection cannot be given.

Authorizes lethal injection for prisoners sentenced after November 23, 1992. Prisoners sentenced before that date may select lethal injection



gas.

Authorizes lethal injection for prisoners whose oense occurred on or after July 4, 1983 (Act 774 of 1983). Prisoners whose oense occurred

before that date may select lethal injection or electrocution. Electrocution is the authorized method if lethal injection is invalidated by an

unappealable court order (Ark. Code Ann. § 5-4-617).

Both lethal injection and lethal gas are authorized by statute (Cal. Pen. Code 3604). However, use of lethal gas was invalided by a federal court

(Fierro v. Terhune, 147 F.3d 1158, 1160 (9th Cir. 1998)).

Authorizes hanging if lethal injection is held to be unconstitutional by a court of competent jurisdiction.

Authorizes “any constitutional method of execution” if electrocution or lethal injection is held to be unconstitutional (Fla. Stat. § 105(3)).

Authorizes lethal injection for prisoners sentenced on or after March 31, 1998. Prisoners sentenced before that date may select lethal injection

orelectrocution.

Authorizes nitrogen hypoxia if lethal injection is held to be unconstitutional, electrocution if both lethal injection and nitrogen hypoxia are held

to be unconstitutional, and ring squad if all other methods are held to be unconstitutional.

Any person convicted of a capital oense or sentenced to death prior to July 1, 2017 may choose to be executed by lethal injection or in the

manner provided by South Dakota law at the time of the person’s conviction or sentence.

Authorizes lethal injection for prisoners whose capital oense occurred after December 31, 1998. Prisoners whose oense occurred before that

date may select electrocution by written waiver. Electrocution is the authorized method if a court or the commissioner of corrections determines

that lethal injection cannot be given. If both methods are ruled unconstitutional, state law allows for the use of any method that is constitutional.

Authorizes ring squad if lethal injection is held unconstitutional. Prisoners who selected execution by ring squad prior to May 3, 2004 may

still be entitled to execution by that method.

Authorizes lethal gas if lethal injection is held to be unconstitutional.

Source: Bureau of Justice Statistics, National Prisoner Statistics program (NPS-8), 2021.

Capital Punishment, 2021 – Statistical Tables | November 2023 11

Advance count of executions in 2022

The Bureau of Justice Statistics gathers information

following each execution to provide the most recent

data on capital punishment in advance of the annual

data collection. The data include the date, jurisdiction,

and method of execution and the race and ethnicity

(Hispanic origin) of each person executed.

From January 1, 2022 to December 31, 2022, six states

executed 18 prisoners (gure 5), which was 7 more

than the number executed in 2021. Oklahoma and

Texas (5 each) executed the largest number of prisoners

during this period.

All of the executions in 2022 were by lethal injection.

Eleven of the prisoners executed were white, ve were

black, one was American Indian, and one was Asian. No

females were executed during this period.

Complete data for 2022 will appear in Capital

Punishment, 2022. This annual report will consist of data

collected from state and federal correctional agencies.

The report will cover all prisoners under sentence of

death on December 31, 2022, as well as those removed

from under sentence of death during the year.

FIGURE 5

Advance count of executions, January 1, 2022–

December 31, 2022

Source: Bureau of Justice Statistics, National Prisoner Statistics

program (NPS-8), 2021.

Jurisdiction

0 5 10 15 20

Mississippi

Alabama

Missouri

Arizona

Texas

Oklahoma

Total

Number of executions

(12)

(2)

(3)

(5)

(18)

(5)

(1)

Capital Punishment, 2021 – Statistical Tables | November 2023 12

TABLE 5

Prisoners under sentence of death, by region, jurisdiction, and race, 2020 and 2021

Region and

jurisdiction

Prisoners under sentence

of death, 12/31/20

Received under sentence

of death, 2021

Removed from death

row (excluding

executions), 2021

Executed, 2021

Prisoners under sentence

of death, 12/31/21

Total

White

Black

Total

White

Black

Total

White

Black

Total

White

Black

Total

White

Black

U.S. total 2,461 1,392 1,009 16 10 6 84 44 40 11 5 6 2,382 1,353 969

Federal

51 30 21 0 0 0 6 4 2 3 1 2 42 25 17

State 2,410 1,362 988 16 10 6 78 40 38 8 4 4 2,340 1,328 952

Northeast 118 58 58 0 0 0 6 2 4 0 0 0 112 56 54

New Hampshire 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 0

Pennsylvania 117 58 57 0 0 0 6 2 4 0 0 0 111 56 53

Midwest 187 97 89 1 1 0 6 4 2 1 0 1 181 94 86

Indiana 8 6 2 0 0 0 0 0 0 0 0 0 8 6 2

Kansas 10 7 3 0 0 0 1 1 0 0 0 0 9 6 3

Missouri 20 13 7 0 0 0 0 0 0 1 0 1 19 13 6

Nebraska 12 9 3 1 1 0 1 0 1 0 0 0 12 10 2

Ohio 136 61 74 0 0 0 4 3 1 0 0 0 132 58 73

South Dakota 1 1 0 0 0 0 0 0 0 0 0 0 1 1 0

South 1,179 625 539 13 8 5 43 22 21 7 4 3 1,142 607 520

Alabama 170 87 83 4 3 1 4 0 4 1 0 1 169 90 79

Arkansas 29 14 15 0 0 0 1 0 1 0 0 0 28 14 14

Delaware 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Florida 335 212 123 1 1 0 12 9 3 0 0 0 324 204 120

Georgia 40 20 20 0 0 0 2 1 1 0 0 0 38 19 19

Kentucky 26 23 3 0 0 0 0 0 0 0 0 0 26 23 3

Louisiana 66 22 44 0 0 0 4 2 2 0 0 0 62 20 42

Mississippi 39 16 22 0 0 0 2 1 1 1 1 0 36 14 21

North Carolina 137 58 73 0 0 0 1 1 0 0 0 0 136 57 73

Oklahoma 45 23 19 4 2 2 3 1 2 2 1 1 44 23 18

South Carolina 36 17 19 0 0 0 2 0 2 0 0 0 34 17 17

Tennessee 50 23 26 1 1 0 4 2 2 0 0 0 47 22 24

Texas 204 110 90 3 1 2 6 5 1 3 2 1 198 104 90

Virginia 2 0 2 0 0 0 2 0 2 0 0 0 0 0 0

West 926 582 302 2 1 1 23 12 11 0 0 0 905 571 292

Arizona 116 89 20 0 0 0 2 2 0 0 0 0 114 87 20

California 704 417 256 2 1 1 16 7 9 0 0 0 690 411 248

Idaho 8 8 0 0 0 0 0 0 0 0 0 0 8 8 0

Montana 2 2 0 0 0 0 0 0 0 0 0 0 2 2 0

Nevada 65 40 23 0 0 0 4 2 2 0 0 0 61 38 21

Oregon 24 21 2 0 0 0 1 1 0 0 0 0 23 20 2

Utah 7 5 1 0 0 0 0 0 0 0 0 0 7 5 1

Washington 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Wyoming 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Note: Some counts for yearend 2020 are revised from those reported in Capital Punishment, 2020 – Statistical Tables (NCJ 302729, BJS, December 2021). The

revised counts include 3 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, 2020 (1 each in Florida, California, and Idaho). The revised counts exclude 11 prisoners who were relieved of a death sentence

before December 31, 2020 (3 in Florida; 2 each in Texas and Nevada; and 1 each in Pennsylvania, Ohio, Mississippi, and Idaho).

Includes 32 deaths from natural causes (8 in California; 4 in Florida; 3 each in the Federal Bureau of Prisons and Nevada; 2 each in Ohio, Oklahoma, Tennessee,

and Texas; and 1 each in Kansas, Nebraska, Georgia, Louisiana, Mississippi, and South Carolina), 2 deaths by suicide (1 each in Mississippi and California), 1 death

resulting from a murder committed by another prisoner (Arizona), and 1 death from an unspecied cause (Texas).

Includes American Indian or Alaska Native prisoners; and Asian, Native Hawaiian, or Other Pacic Islander prisoners.

Includes prisoners of Hispanic origin.

Excludes prisoners held under the jurisdiction of the U.S. Armed Forces with a military death sentence for murder.

Source: Bureau of Justice Statistics, National Prisoner Statistics program (NPS-8), 2021.

Capital Punishment, 2021 – Statistical Tables | November 2023 13

TABLE 6

Demographic characteristics for prisoners under sentence of death, 2021

Total, 12/31/21 Admissions Removals

Demographic characteristic Percent Number Percent Number Percent Number

Total 100% 2,382 100% 16 100% 95

Sex

Male 97.9% 2,332 100% 16 98.9% 94

Female 2.1 50 0 0 1.1 1

Race

White

56.8% 1,353 62.5% 10 51.6% 49

Black

40.7 969 37.5 6 48.4 46

American Indian/Alaska Native

0.8 18 0 0 0 0

Asian/Native Hawaiian/Other

Pacic Islander

a,b

1.8 42 0 0 0 0

Ethnicity

Hispanic 15.5% 336 6.7% 1 10.9% 10

Non-Hispanic 84.5 1,828 93.3 14 89.1 82

Unknown 218 1 3

Age

18-19 0% 0 0% 0 0% 0

20-24 0 0 0 0 0 0

25-29 0.8 20 6.3 1 0 0

30-34 3.7 89 12.5 2 2.1 2

35-39 7.0 166 37.5 6 6.3 6

40-44 12.2 291 6.3 1 12.6 12

45-49 16.0 380 25.0 4 10.5 10

50-54 17.6 420 0 0 13.7 13

55-59 16.2 385 6.3 1 14.7 14

60-64 12.6 300 6.3 1 15.8 15

65 or older 13.9 331 0 0 24.2 23

Average age

Mean 53 yrs. 41 yrs. 56 yrs.

Median 52 38 57

Education

8th grade or less 11.7% 218 11.1% 1 11.0% 8

9th-11th grade 35.0 652 11.1 1 30.1 22

High-school graduate/GED 44.1 823 55.6 5 53.4 39

Any college 9.2 172 22.2 2 5.5 4

Unknown 517 7 22

Median education level 12th grade : 12th grade

Marital status

Married 21.1% 426 37.5% 3 23.2% 19

Divorced/separated 19.9 403 12.5 1 22.0 18

Widowed 3.5 70 12.5 1 4.9 4

Never married 55.6 1,124 37.5 3 50.0 41

Unknown 359 8 13

Note: Percentages are based on prisoners for whom data were reported. Details may not sum to totals due to rounding.

: Not calculated.

Includes prisoners of Hispanic origin.

Includes 36 Asian prisoners and 6 Native Hawaiian or Other Pacic Islander prisoners at yearend 2021.

Source: Bureau of Justice Statistics, National Prisoner Statistics program (NPS-8),

2021.

Capital Punishment, 2021 – Statistical Tables | November 2023 14

TABLE 7

Female prisoners under sentence of death, by region, jurisdiction, and race, 2020 and 2021

Region and

jurisdiction

Female prisoners under

sentence of death,

12/31/20

Received under

sentence of death, 2021

Removed from death

row (excluding

executions), 2021 Executed, 2021

Female prisoners under

sentence of death,

12/31/21

Total

White

Black

Total

White

Black

Total

White

Black

Total

White

Black

Total

White

Black

U.S. total 51 38 11 0 0 0 0 0 0 1 1 0 50 37 11

Federal 1 1 0 0 0 0 0 0 0 1 1 0 0 0 0

State 50 37 11 0 0 0 0 0 0 0 0 0 50 37 11

Midwest 1 1 0 0 0 0 0 0 0 0 0 0 1 1 0

Ohio 1 1 0 0 0 0 0 0 0 0 0 0 1 1 0

South 22 14 8 0 0 0 0 0 0 0 0 0 22 14 8

Alabama 5 4 1 0 0 0 0 0 0 0 0 0 5 4 1

Florida 3 1 2 0 0 0 0 0 0 0 0 0 3 1 2

Georgia 1 0 1 0 0 0 0 0 0 0 0 0 1 0 1

Kentucky 1 1 0 0 0 0 0 0 0 0 0 0 1 1 0

Louisiana 1 0 1 0 0 0 0 0 0 0 0 0 1 0 1

Mississippi 1 1 0 0 0 0 0 0 0 0 0 0 1 1 0

North Carolina 2 1 1 0 0 0 0 0 0 0 0 0 2 1 1

Oklahoma 1 1 0 0 0 0 0 0 0 0 0 0 1 1 0

Tennessee 1 1 0 0 0 0 0 0 0 0 0 0 1 1 0

Texas 6 4 2 0 0 0 0 0 0 0 0 0 6 4 2

West 27 22 3 0 0 0 0 0 0 0 0 0 27 22 3

Arizona 3 3 0 0 0 0 0 0 0 0 0 0 3 3 0

California 23 18 3 0 0 0 0 0 0 0 0 0 23 18 3

Idaho 1 1 0 0 0 0 0 0 0 0 0 0 1 1 0

Includes American Indian or Alaska Native prisoners; and Asian, Native Hawaiian, or Other Pacic Islander prisoners.

Includes prisoners of Hispanic origin.

Source: Bureau of Justice Statistics, National Prisoner Statistics program (NPS-8), 2021.

Capital Punishment, 2021 – Statistical Tables | November 2023 15

TABLE 8

Hispanic prisoners under sentence of death, by region and jurisdiction, 2020 and 2021

Region and jurisdiction

Hispanic prisoners

under sentence of

death, 12/31/20*

Received under

sentence of

death, 2021

Removed from death

row (excluding

executions), 2021 Executed, 2021

Hispanic prisoners

under sentence of

death, 12/31/21

U.S. total 345 1 10 0 336

Federal 7 0 1 0 6

State 338 1 9 0 330

Northeast 14 0 1 0 13

Pennsylvania 14 0 1 0 13

Midwest 10 0 0 0 10

Nebraska 6 0 0 0 6

Ohio 4 0 0 0 4

South 89 1 2 0 88

Alabama 1 0 0 0 1

Florida 23 0 0 0 23

Georgia 2 0 0 0 2

Louisiana 2 0 0 0 2

Mississippi 1 0 0 0 1

North Carolina 3 0 0 0 3

Oklahoma 1 1 0 0 2

South Carolina 1 0 0 0 1

Tennessee 1 0 1 0 0

Texas 54 0 1 0 53

West 225 0 6 0 219

Arizona 23 0 1 0 22

California 190 0 4 0 186

Idaho 1 0 0 0 1

Nevada 6 0 1 0 5

Oregon 3 0 0 0 3

Utah 2 0 0 0 2

Note: Counts of Hispanic prisoners are based on prisoners for whom data were reported.

*Counts of Hispanic prisoners under sentence of death at yearend 2020 have been revised from those reported in Capital Punishment, 2020 – Statistical

Tables (NCJ 302729, BJS, December 2021). The revised counts include one prisoner in Florida and one prisoner in California who were not included in

the counts for December 31, 2020.

Source: Bureau of Justice Statistics, National Prisoner Statistics program (NPS-8), 2021.

Capital Punishment, 2021 – Statistical Tables | November 2023 16

TABLE 9

Criminal history of prisoners under sentence of death, by race or ethnicity, 2021

All prisoners White

Black

Hispanic

American Indian/

Alaska Native

Asian/Native

Hawaiian/Other

Pacic Islander

U.S. total 100% 100% 100% 100% 100% 100%

Prior felony convictions

Yes 67.8% 63.8% 73.2% 65.7% 68.8% 56.8%

No 32.2 36.2 26.8 34.3 31.3 43.2

Prior homicide

convictions

Yes 10.4% 10.8% 10.5% 9.7% 6.3% 5.4%

No 89.6 89.2 89.5 90.3 93.8 94.6

Legal status at time of

capital oense

Charges pending 7.6% 9.1% 6.9% 5.6% 6.3% 5.6%

On probation 11.7 9.9 12.0 15.2 18.8 13.9

On parole 16.0 13.7 17.9 17.5 25.0 13.9

On escape 1.1 1.8 0.7 0.7 0 0

Incarcerated 4.6 5.8 3.7 3.6 12.5 0

Other status 0.1 0 0.1 0.3 0 0

None 58.8 59.7 58.6 57.1 37.5 66.7

Number of prisoners 2,382 1,027 961 336 18 40

Note: Percentages are based on prisoners for whom data were reported. Details may not sum to totals due to rounding.

Excludes prisoners of Hispanic origin (e.g., “white” refers to non-Hispanic white prisoners and “black” refers to non-Hispanic black prisoners).

Excludes 189 prisoners because data were not reported.

Excludes 221 prisoners because data were not reported.

Excludes 290 prisoners because data were not reported.

Source: Bureau of Justice Statistics, National Prisoner Statistics program (NPS-8), 2021.

Capital Punishment, 2021 – Statistical Tables | November 2023 17

TABLE 10

Prisoners under sentence of death on December 31, 2021, by year of sentencing and jurisdiction

Jurisdiction

Year of sentence for prisoners under sentence of death, 12/31/21

Under sentence

of death,

12/31/21

Average years

under sentence of

death, 12/31/21

1976–

1980

1981–

1985

1986–

1990

1991–

1995

1996–

2000

2001–

2005

2006–

2010

2011–

2015

2016–

2020 2021

U.S. total 18 99 196 387 499 340 399 283 145 16 2,382 20.2

Florida 8 16 35 65 56 28 44 45 26 1 324 21.2

California 5 46 82 122 153 73 105 72 30 2 690 22.0

Texas 2 1 6 20 40 41 32 33 20 3 198 17.1

Nevada 1 8 5 10 15 5 8 5 4 0 61 22.8

Kentucky 1 3 4 4 7 2 4 1 0 0 26 25.9

Arkansas 1 0 0 6 5 5 4 5 2 0 28 18.7

Ohio 0 6 14 21 25 22 16 14 14 0 132 20.2

Arizona 0 3 8 19 10 16 34 16 8 0 114 18.0

Tennessee 0 3 6 8 13 5 6 4 1 1 47 22.6

Pennsylvania 0 2 14 16 22 15 17 21 4 0 111 20.0

Louisiana 0 2 3 9 25 10 6 6 1 0 62 21.3

Missouri 0 2 1 0 0 4 7 4 1 0 19 16.6

Alabama 0 1 8 21 36 30 35 24 10 4 169 17.7

Mississippi 0 1 3 6 5 7 7 4 3 0 36 19.2

Utah 0 1 2 1 2 0 0 1 0 0 7 :

North Carolina 0 1 1 44 47 23 12 4 4 0 136 22.4

South Carolina 0 1 1 1 6 11 11 1 2 0 34 17.9

Oklahoma 0 1 0 1 5 10 12 6 5 4 44 13.4

Montana 0 1 0 1 0 0 0 0 0 0 2 :

Georgia 0 0 2 4 12 7 8 4 1 0 38 19.5

Idaho 0 0 1 2 1 2 1 0 1 0 8 :

Oregon 0 0 0 4 8 3 6 2 0 0 23 20.2

Federal 0 0 0 1 3 13 15 6 4 0 42 14.2

Indiana 0 0 0 1 2 1 1 3 0 0 8 :

Nebraska 0 0 0 0 1 4 3 0 3 1 12 12.0

Kansas 0 0 0 0 0 3 4 1 1 0 9 :

South Dakota 0 0 0 0 0 0 0 1 0 0 1 :

New Hampshire 0 0 0 0 0 0 1 0 0 0 1 :

Note: For prisoners sentenced to death more than once, numbers are based on the year of the most recent death sentence.

:Not calculated. A reliable average could not be calculated from fewer than 10 cases.

Source: Bureau of Justice Statistics, National Prisoner Statistics program (NPS-8), 2021.

Capital Punishment, 2021 – Statistical Tables | November 2023 18

TABLE 11

Prisoners removed from under sentence of death, by region, jurisdiction, and method of removal, 2021

Region and

jurisdiction Total Execution Other death

Sentence

commuted

Appeals court or higher

court overturned—

Capital conviction Death sentence Other

U.S. total 95 11 36 1 6 39 2

Federal 9 3 3 0 1 2 0

State 86 8 33 1 5 37 2

Northeast 6 0 0 0 1 5 0

Pennsylvania 6 0 0 0 1 5 0

Midwest 7 1 4 0 0 2 0

Kansas 1 0 1 0 0 0 0

Missouri 1 1 0 0 0 0 0

Nebraska 1 0 1 0 0 0 0

Ohio 4 0 2 0 0 2 0

South 50 7 16 1 2 22 2

Alabama 5 1 0 0 0 4 0

Arkansas 1 0 0 0 0 1 0

Florida 12 0 4 0 0 8 0

Georgia 2 0 1 0 1 0 0

Louisiana 4 0 1 0 0 3 0

Mississippi 3 1 2 0 0 0 0

North Carolina 1 0 0 0 0 1 0

Oklahoma 5 2 2 1 0 0 0

South Carolina 2 0 1 0 0 1 0

Tennessee 4 0 2 0 0 2 0

Texas 9 3 3 0 1 2 0

Virginia 2 0 0 0 0 0 2

West 23 0 13 0 2 8 0

Arizona 2 0 1 0 0 1 0

California 16 0 9 0 2 5 0

Nevada 4 0 3 0 0 1 0

Oregon 1 0 0 0 0 1 0

In 2021, other deaths were due to natural causes, suicide, homicide, and unspecied causes.

In 2021, two prisoners in Virginia were removed from under sentence of death as a result of the state’s repeal of capital punishment.

Source: Bureau of Justice Statistics, National Prisoner Statistics program (NPS-8), 2021.

Capital Punishment, 2021 – Statistical Tables | November 2023 19

TABLE 12

Average elapsed time between sentencing and execution,

1977–2021

Year

Executions

Average elapsed time

from sentence to execution

Total 1,540 147 mos.

1977 1 :

1979 2 :

1981 1 :

1982 2 :

1983 5 :

1984 21 74

1985 18 71

1986 18 87

1987 25 86

1988 11 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 43 198

2012 43 190

2013 39 186

2014 35 218

2015 28 195

2016 20 204

2017 23 243

2018 25 238

2019 22 264

2020 17 227

2021 11 233

Note: In 1972, the U.S. Supreme Court invalidated capital punishment statutes

in several states (Furman v. Georgia, 408 U.S. 238 (1972)), eecting a moratorium

on executions. Executions resumed in 1977 when the court found that revisions

to statutes in several states had eectively addressed the issues previously held

unconstitutional (Gregg v. Georgia, 428 U.S. 153 (1976) and its companion cases).

:Not calculated. A reliable average cannot be calculated from fewer than 10 cases.

No executions were carried out in 1978 or 1980.

Average time was calculated from the most recent sentencing date.

Source: Bureau of Justice Statistics, National Prisoner Statistics program

(NPS-8), 2021.

Capital Punishment, 2021 – Statistical Tables | November 2023 20

TABLE 13

Number of executions, by jurisdiction, 1930–2021 and

1977–2021

Jurisdiction Since 1930 Since 1977

U.S. total 5,393 1,540

Texas 870 573

Georgia 441 76

New York 329 0

North Carolina 306 43

California 305 13

Florida 269 99

Ohio 228 56

Virginia 205 113

South Carolina 205 43

Alabama 203 68

Mississippi 177 22

Oklahoma 176 114

Louisiana 161 28

Pennsylvania 155 3

Missouri 153 91

Arkansas 149 31

Kentucky 106 3

Tennessee 105 13

Illinois 102 12

Arizona 75 37

New Jersey 74 0

Maryland 73 5

Indiana 61 20

Washington 52 5

Colorado 48 1

Federal system 42 16

Nevada 41 12

District of Columbia 40 0

West Virginia 40 0

Delaware 28 16

Massachusetts 27 0

Connecticut 22 1

Oregon 21 2

Utah 20 7

Iowa 18 0

Kansas 15 0

Montana 9 3

New Mexico 9 1

Nebraska 8 4

Wyoming 8 1

South Dakota 6 5

Idaho 6 3

Vermont 4 0

New Hampshire 1 0

Note: Excludes 160 executions carried out by military authorities

between 1930 and 1961. The federal government has collected data on

executions under civil authority annually since 1930.

Source: Bureau of Justice Statistics, National Prisoner Statistics program

(NPS-8), 1930–2021.

Capital Punishment, 2021 – Statistical Tables | November 2023 21

Methodology

e Bureau of Justice Statistics (BJS) collects

information about capital punishment each year

through the National Prisoner Statistics program

(NPS-8). BJS collects this data series in two parts:

 Data on prisoners under sentence of death are

obtained from the department of corrections in each

jurisdiction that authorizes capital punishment.

 e status of death penalty statutes is obtained from

the Oce of the Attorney General in each of the 50

states, the Oce of the U.S. Attorney in the District

of Columbia, and the Federal Bureau of Prisons for

the federal government.

Data collection forms are available on the BJS

website at https://bjs.ojp.gov/data-collection/capital-

punishment-nps-8#surveys-0.

e NPS-8 covers all prisoners under sentence of

death at any time during the year who were held in a

state or federal nonmilitary correctional facility. is

includes capital oenders transferred from prison to

a mental institution and those who may have escaped

from custody. It excludes prisoners sentenced to

death under the Uniform Code of Military Justice and

those whose death sentences have been overturned

by a court or an executive action, regardless of their

current incarceration status. Statistics in this report

may dier from data collected by other organizations

for various reasons:

 e NPS-8 adds prisoners to the population under

sentence of death at the time they are admitted to a

state or federal correctional facility, not at the time

they are sentenced.

 If prisoners entered prison under a death sentence or

were reported as being relieved of a death sentence

in one year but the admission or removal occurred

in a previous year, counts are adjusted to reect the

actual date of sentence or removal.

 NPS-8 counts are for the last day of the calendar year

and will dier from counts for more recent periods.

Capital Punishment, 2021 – Statistical Tables | November 2023 22

APPENDIX TABLE 1

Number of prisoners executed, by race or ethnicity, 1977–2021

Year

All executions White

Black

Hispanic

American Indian/

Alaska Native

Asian/ Native

Hawaiian/Other

Pacic Islander

Total 1,540 865 526 134 9 6

1977 1 1 0 0 0 0

1979 2 2 0 0 0 0

1981 1 1 0 0 0 0

1982 2 1 1 0 0 0

1983 5 4 1 0 0 0

1984 21 13 8 0 0 0

1985 18 9 7 2 0 0

1986 18 9 7 2 0 0

1987 25 11 11 3 0 0

1988 11 6 5 0 0 0

1989 16 6 8 2 0 0

1990 23 16 7 0 0 0

1991 14 6 7 1 0 0

1992 31 17 11 2 1 0

1993 38 19 14 4 1 0

1994 31 19 11 1 0 0

1995 56 31 22 2 0 1

1996 45 29 14 2 0 0

1997 74 41 26 5 1 1

1998 68 40 18 8 1 1

1999 98 53 33 9 1 2

2000 85 43 35 6 1 0

2001 66 45 17 3 1 0

2002 71 47 18 6 0 0

2003 65 41 20 3 1 0

2004 59 36 19 3 0 1

2005 60 38 19 3 0 0

2006 53 25 20 8 0 0

2007 42 22 14 6 0 0

2008 37 17 17 3 0 0

2009 52 24 21 7 0 0

2010 46 28 13 5 0 0

2011 43 22 16 5 0 0

2012 43 25 11 7 0 0

2013 39 23 13 3 0 0

2014 35 12 18 5 0 0

2015 28 11 10 7 0 0

2016 20 16 2 2 0 0

2017 23 13 8 2 0 0

2018 25 14 6 5 0 0

2019 22 14 7 1 0 0

2020 17 10 5 1 1 0

2021 11 5 6 0 0 0

Note: In 1972, the U.S. Supreme Court invalidated capital punishment statutes in several states (Furman v. Georgia, 408 U.S. 238 (1972)), eecting a

moratorium on executions. Executions resumed in 1977 when the court found that revisions to statutes in several states had eectively addressed the

issues previously held unconstitutional (Gregg v. Georgia, 428 U.S. 153 (1976) and its companion cases).

No executions were carried out in 1978 or 1980.

Excludes prisoners of Hispanic origin (e.g. "white" refers to non-Hispanic white prisoners and "black" refers to non-Hispanic black prisoners).

Source: Bureau of Justice Statistics, National Prisoner Statistics program (NPS-8), 2021.

Capital Punishment, 2021 – Statistical Tables | November 2023 23

APPENDIX TABLE 2

Number of executions, by method and jurisdiction, 1977–2021

Jurisdiction All methods Lethal injection Electrocution Lethal gas Hanging Firing squad

U.S. total 1,540 1,360 163 11 3 3

Federal 16 16 0 0 0 0

Alabama 68 44 24 0 0 0

Arizona 37 35 0 2 0 0

Arkansas 31 30 1 0 0 0

California 13 11 0 2 0 0

Colorado 1 1 0 0 0 0

Connecticut 1 1 0 0 0 0

Delaware 16 15 0 0 1 0

Florida 99 55 44 0 0 0

Georgia 76 53 23 0 0 0

Idaho 3 3 0 0 0 0

Illinois 12 12 0 0 0 0

Indiana 20 17 3 0 0 0

Kentucky 3 2 1 0 0 0

Louisiana 28 8 20 0 0 0

Maryland 5 5 0 0 0 0

Mississippi 22 18 0 4 0 0

Missouri 91 91 0 0 0 0

Montana 3 3 0 0 0 0

Nebraska 4 1 3 0 0 0

Nevada 12 11 0 1 0 0

New Mexico 1 1 0 0 0 0

North Carolina 43 41 0 2 0 0

Ohio 56 56 0 0 0 0

Oklahoma 114 114 0 0 0 0

Oregon 2 2 0 0 0 0

Pennsylvania 3 3 0 0 0 0

South Carolina 43 36 7 0 0 0

South Dakota 5 5 0 0 0 0

Tennessee 13 7 6 0 0 0

Texas 573 573 0 0 0 0

Utah 7 4 0 0 0 3

Virginia 113 82 31 0 0 0

Washington 5 3 0 0 2 0

Wyoming 1 1 0 0 0 0

Note: In 1972, the U.S. Supreme Court invalidated capital punishment statutes in several states (Furman v. Georgia, 408 U.S. 238 (1972)), eecting a

moratorium on executions. Executions resumed in 1977 when the court found that revisions to statutes in several states had eectively addressed the

issues previously held unconstitutional (Gregg v. Georgia, 428 U.S. 153 (1976) and its companion cases).

Source: Bureau of Justice Statistics, National Prisoner Statistics program (NPS-8), 2021.

Capital Punishment, 2021 – Statistical Tables | November 2023 24

APPEN TABLE 3DIX

Counts for figure 1: Number of prisoners under sentence of death, 1953–2021

Year

Number of prisoners

under sentence of death

1953 131

1954 147

1955 125

1956 146

1957 151

1958 147

1959 164

1960 212

1961 257

1962 267

1963 297

1964 315

1965 331

1966 406

1967 435

1968 517

1969 575

1970 631

1971 642

1972 334

1973 134

1974 244

1975 488

Year

Number of prisoners

under sentence of death

1976 420

1977 423

1978 482

1979 593

1980 692

1981 860

1982 1,066

1983 1,209

1984 1,420

1985 1,575

1986 1,800

1987 1,967

1988 2,117

1989 2,243

1990 2,346

1991 2,465

1992 2,580

1993 2,727

1994 2,905

1995 3,064

1996 3,242

1997 3,328

1998 3,465

Year

Number of prisoners

under sentence of death

1999 3,540

2000 3,601

2001 3,577

2002 3,562

2003 3,377

2004 3,320

2005 3,245

2006 3,233

2007 3,215

2008 3,210

2009 3,173

2010 3,139

2011 3,065

2012 3,011

2013 2,983

2014 2,942

2015 2,872

2016 2,797

2017 2,703

2018 2,626

2019 2,563

2020 2,461

2021 2,382

Note: Data on the number of prisoners under sentence of death at yearend have been collected since 1953.

Source: Bureau of Justice Statistics, National Prisoner Statistics program (NPS-8), 1953–2021.

Capital Punishment, 2021 – Statistical Tables | November 2023 25

APPEN TABLE 4DIX

Counts for figure 2: Admissions to and removals from under sentence of death, 1973–2021

Year Admissions Removals

1973 44 240

1974 161 55

1975 318 67

1976 249 317

1977 159 156

1978 211 150

1979 172 61

1980 202 101

1981 249 84

1982 287 79

1983 266 123

1984 306 90

1985 292 130

1986 319 109

1987 311 142

1988 317 165

1989 274 149

Year Admissions Removals

1990 270 152

1991 284 159

1992 300 173

1993 300 163

1994 330 153

1995 326 171

1996 323 155

1997 282 187

1998 312 175

1999 287 221

2000 235 173

2001 164 194

2002 172 191

2003 157 348

2004 140 197

2005 143 216

2006 126 146

Year Admissions Removals

2007 129 140

2008 122 137

2009 118 167

2010 116 143

2011 84 156

2012 85 125

2013 85 118

2014 70 116

2015 54 123

2016 34 98

2017 38 137

2018 41 115

2019 36 100

2020 15 113

2021 16 95

Note: Removals can be due to any cause, including execution, other death, or appeal.

Source: Bureau of Justice Statistics, National Prisoner Statistics program (NPS-8), 1973–2021.

APPEN TABLE 5DIX

Counts for figure 3: Number of prisoners under sentence of death, by race, 1968–2021

Year White

Black

All other races

a,b

1968 243 271 3

1969 263 310 2

1970 293 335 3

1971 306 332 4

1972 167 166 1

1973 64 68 2

1974 110 128 6

1975 218 262 8

1976 225 195 0

1977 229 192 2

1978 281 197 4

1979 354 236 3

1980 424 264 4

1981 499 353 8

1982 613 441 12

1983 692 505 12

1984 806 598 16

1985 896 664 15

1986 1,013 762 25

1987 1,128 813 26

1988 1,235 848 34

1989 1,308 898 37

1990 1,368 940 38

1991 1,449 979 37

1992 1,511 1,031 38

1993 1,575 1,111 41

1994 1,653 1,203 49

Year White

Black

All other races

a,b

1995 1,732 1,284 48

1996 1,833 1,358 51

1997 1,864 1,408 56

1998 1,917 1,489 59

1999 1,960 1,515 65

2000 1,989 1,541 71

2001 1,968 1,538 71

2002 1,939 1,551 72

2003 1,882 1,417 78

2004 1,856 1,390 74

2005 1,802 1,366 77

2006 1,806 1,353 74

2007 1,806 1,338 71

2008 1,795 1,343 72

2009 1,779 1,318 76

2010 1,743 1,309 87

2011 1,721 1,274 70

2012 1,684 1,258 69

2013 1,670 1,251 62

2014 1,647 1,233 62

2015 1,606 1,202 64

2016 1,553 1,179 65

2017 1,508 1,129 66

2018 1,470 1,091 65

2019 1,443 1,057 63

2020 1,392 1,009 60

2021 1,353 969 60

Note: Data on Hispanic origin was not collected prior to 1977.

Includes prisoners of Hispanic origin.

Includes American Indian or Alaska Native prisoners; Asian, Native Hawaiian, or Other Pacic Islander prisoners; and prisoners for whom only

ethnicity was identied.

Source: Bureau of Justice Statistics, National Prisoner Statistics program (NPS-8), 1968–2021.

Capital Punishment, 2021 – Statistical Tables | November 2023 26

APPEN TABLE 6DIX

Counts for figure 4: Number of prisoners executed in the United States, 1930–2021

Year Executions

1930 155

1931 153

1932 140

1933 160

1934 168

1935 199

1936 195

1937 147

1938 190

1939 160

1940 124

1941 123

1942 147

1943 131

1944 120

1945 117

1946 131

1947 153

1948 119

1949 119

1950 82

1951 105

1952 83

1953 62

1954 81

1955 76

1956 65

1957 65

1958 49

1959 49

1960 56

Year Executions

1961 42

1962 47

1963 21

1964 15

1965 7

1966 1

1967 2

1968 0

1969 0

1970 0

1971 0

1972 0

1973 0

1974 0

1975 0

1976 0

1977 1

1978 0

1979 2

1980 0

1981 1

1982 2

1983 5

1984 21

1985 18

1986 18

1987 25

1988 11

1989 16

1990 23

1991 14

Year Executions

1992 31

1993 38

1994 31

1995 56

1996 45

1997 74

1998 68

1999 98

2000 85

2001 66

2002 71

2003 65

2004 59

2005 60

2006 53

2007 42

2008 37

2009 52

2010 46

2011 43

2012 43

2013 39

2014 35

2015 28

2016 20

2017 23

2018 25

2019 22

2020 17

2021 11

Note: Excludes 160 executions carried out by military authorities from 1930 to 1961.

Source: Bureau of Justice Statistics, National Prisoner Statistics program (NPS-8), 1930–2021.

e Bureau of Justice Statistics of the U.S. Department of Justice is the

principal federal agency responsible for measuring crime, criminal

victimization, criminal oenders, 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.

Kevin M. Scott, PhD, is the acting director.

is report was written by Tracy L. Snell. Todd D. Minton, Stephanie

Mueller, and Laura M. Maruschak veried the report.

David Fialko and Brigit Baron edited the report. Jerey Link

produced the report.

November 2023, NCJ 305534

Oce of Justice Programs

Building Solutions • Supporting Communities • Advancing Justice

www.ojp.gov

NCJ 305534