NUMBER OF EXECUTIONS SINCE 1976: 1448

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1 Updated: March 20, 2017 NUMBER OF EXECUTIONS SINCE 1976: 1448 '76 '77 '78 '79 '80'81 '82'83 '84 '85 '86 '87 '88 '89 '90 '91 '92 '93 '94 '95 '96 '97 '98 '99 '00'01 '02 '03 '04 '05 '06 '07'08 '09'10 '11 '12'13 '14 '15 '16 '17 Texas RACE OF DEFENDANTS EXECUTED White: 807 Black: 498 Hispanic: 120 Other: 23 Hispanic 8.3% RACE OF VICTIMS IN DEATH PENALTY CASES Hispanic 7% 2% Over 75% of the murder victims in cases resulting in an execution were white, even though nationally only 50% of murder victims generally are white. DEATH PENALTY STATES (31) Alabama Arizona Arkansas California Colorado Florida Georgia Idaho Indiana Kansas Kentucky Louisiana Mississippi Missouri Montana Nebraska Nevada New Hampshire North Carolina Ohio Oklahoma Oregon Pennsylvania South Carolina South Dakota Tennessee Utah Virginia w~shington Wyoming U.S. Gov't U.S. Military NON-DEATH PENALTY STATES (19) t.laska Connecticut Delaware Hawaii Illinois fowa Maine Maryland Massachusetts Michigan Minnesota New Jersey New Mexico* New York North Dakota Rhode Island Vermont West Virginia Wisconsin District of Columbia '2 prisoners remain on death raw.

2 RE ENT STUDIES ON RA E Jurors in Washington state are three times more likely to recommend a death sentence for a black defendant than for a white defendant in a similar case. (Prof. K. Beckett, Univ. of Washington, 2014). In Louisiana, the odds of a death sentence were 97% higher for those whose victim was white than for those whose victim was black. (Pierce & Rade let, Louisiana Law Review, 2011 ). A study in California found that those convicted of killing whites were more than 3 times as likely to be sentenced to death as those convicted of killing blacks and more than 4 times more likely as those convicted of killing Latinos. (Pierce & Radelet, Santa Clara Law Review, 2005). A comprehensive study of the death penalty in North Carolina found that the odds of receiving a death sentence rose by 3.5 times among those defendants whose victims were white. (Prof. Jack Boger and Dr. Isaac Unah, University of North Carolina, 2001 ). In 96% of states where there have been reviews of race and the death penalty, there was a pattern of either race-of-victim or race-of-defendant discrimination, or both. (Prof. Baldus report to the ABA, 1998). INNOeENeE Persons Executed for Interracial Murders White Def.I Black Victim Black Def.I White Victim 26 0 S< S V M 0 Death Row Exonerations By State Total: Since 1973, more than 155 people have been released from death row with evidence of their innocence. (Staff Report, House Judiciary Subcommittee on Civil & Constitutional Rights, 1993, with updates by DPIC). From , there was an average of 3 exonerations per year. From , there was an average of 5 exonerations per year. FL IL TX LA OK AZ NC OH AL GA PA MO MS NM CA MA TN IN SC DE ID KY MD NE NV VA WA DEATH ROW INMATES BY RACE DEATH ROW INMATES BY STATE: July 1, 2016 California 741 Mississippi 48 Idaho Florida 396 Oklahoma 47 Utah Black Texas 254 S. Carolina 43 Washington 42% Alabama 194 Arkansas 36 Virginia Pennsylvania 175 Kentucky 34 U.S. Military N. Carolina 155 Oregon 34 Colorado Ohio 142 Missouri 26 S. Dakota Arizona 126 Delaware 18 Montana Nevada 80 Indiana 12 New Mexico Louisiana 77 Kansas 10 N. Hampshire Tennessee 69 Nebraska 10 Wyoming Georgia 68 TOTAL: 2,905 U.S. Gov't 62 Race of Death Row Inmates and Death Row Inmates by State Source: NAACP Legal Defense Fund, "Death Row USA" (July 1, 2016). When added, the total number of death row inmates by state is slightly higher than the given total because some prisoners are sentenced to death in more than one state. E

3 E)(EE:UTIONS BY STATE SINE:E 1978 EXEE:UTIONS BY REGION*' State Tot State Tot State Tot TX AR PA South 1180 OK MS KY VA IN MT Midwest FL DE US GOVT MO CA ID GA IL SD West AL NV OR Northeast OH UT NM NC TN co SC MD WY AZ WA CT LA NE DEATH SENTENE:ING - ~ TX&OK which the crime was committed. ' ~ - The number of death sentences per year has dropped dramatically since Year Sentences Source: Bureau of Justice Stat1st1cs: "Capital Punishment, 2013." 2014 figure from DPIC research. MENTAL. DISABILITIES Intellectual Disabilities: In 2002, the Supreme Court held in Atkins v. Virginia that it is unconstitutional to execute defendants with 'mental retardation.' Mental Illness: The American Psychiatric Association, the American Psychological Association, the National Alliance for the Mentally Ill, and the American Bar Association have endorsed resolutions calling for an exemption of the severely mentally ill. DETERRENE:E Yes 5% No Opinion 7% Do executions lower homicide rates?... A report by the National Research Council, titled Deterrence and the Death Penalty, stated that studies claiming that the death penalty has a deterrent effect on murder rates are "fundamentally flawed" and should not be used when making policy decisions (2012). Consistent with previous years, the 2014 FBI Uniform Crime Report showed that the South had the highest murder rate. The South accounts for over 80% of executions. The Northeast, which has less than 1% of all Murder Rates per 100,000 (2014) executions, had lowest murder rate. According to a survey of the former and present presidents of the country's top academic criminological societies, 88% of these experts rejected the notion that the death penalty acts as a deterrent to murder. (Radelet & Lacock, 2009) South Midwest West Northeast Nat'I EXEE:UTIONS SINE:E 1976 BY METHOD USED JUVENlt.ES 1273 Lethal Injection 158 Electrocution 11 Gas Chamber 3 Hanging 3 Firing Squad 32 states plus the US government use lethal injection as their primary method. Some states utilizing lethal injection have other methods available as backups. Though New Mexico has abolished the death penalty, its law was not retroactive, leaving 2 prisoners on its death row and its lethal injection protocol intact. E-3 In 2005, the Supreme Court in Roper v. Simmons struck down the death penalty for juveniles. 22 defendants had been executed for crimes committed as juveniles since WOMEN There were 56 women on death row as of Dec. 31, This constitutes less than 2% of the total death row population. (NAACP Legal Defense Fund, Jan. 1, 2015). 16 women have been executed since

4 FfNANE:IAIE FAE:TS ABOUT THE DEATH PENALTY Defense costs for death penalty trials in Kansas averaged about $400,000 per case, compared to $100,000 per case when the death penalty was not sought. (Kansas Judicial Council, 2014). A new study in California revealed that the cost of the death penalty in the state has been over $4 billion since Study considered pretrial and trial costs, costs of automatic appeals and state habeas corpus petitions, costs of federal habeas corpus appeals, and costs of incarceration on death row. (Alarcon & Mitchell, 2011 ). In Maryland, an average death penalty case resulting in a death sentence costs approximately $3 million. The eventual costs to Maryland taxpayers for cases pursued will be $186 million. Five executions have resulted. (Urban Institute, 2008). Enforcing the death penalty costs Florida $51 million a year above what it would costto punish all first-degree murderers with life in prison without parole. Based on the 44 executions Florida had carried out since 197 6, that amounts to a cost of $24 million for each execution. (Palm Beach Post, January 4, 2000). The most comprehensive study in the country found that the death penalty costs North Carolina $2.16 million per execution over the costs of sentencing murderers to life imprisonment. The majority of those costs occur at the trial level. (Duke University, May 1993). In Texas, a death penalty case costs an average of $2.3 million, about three times the cost of imprisoning someone in a single cell at the highest security level for 40 years. (Dallas Morning News, March 8, 1992). PUBUE: OPINON AND THE DEATH PENALTY Support for Alternatives to the Death Penalty A 2010 poll by Lake Research Partners found that a clear majority of voters (61 %) would choose a punishment other than the death penalty for murder. What Interferes with Effective Law Enforcement? Percent Ranking Item as One of Top Two or Three Lack of law enforcement resource Drug/Alcohol abuse Family problems/child abuse.! Lack of programs for mentally ill Crowded courts Ineffective prosecution Too many guns Gangs Insufficient use of the death penalty A 2009 poll commissioned by DPIC found police chiefs ranked the death penalty last among ways to reduce violent crime. The police chiefs also considered the death penalty the least efficient use of taxpayers' money. The Death Penalty Information Center has available more extensive reports on a variety of issues, including: "The Death Penalty in 2016: Year-End Report" (December 2016) "Battle Scars: Military Veterans and the Death Penalty" (November 2015) "The 2% Death Penalty: How a Minority of Counties Produce Most Death Cases at Enormous Costs to All" (October 2013) "Struck By Lightning: The Continuing Arbitrariness of the Death Penalty 35 Years After Its Reinstatement in 197 6" (June 2011) "Smart on Crime: Reconsidering the Death Penalty in a Time of Economic Crisis" (October 2009) "A Crisis of Confidence: Americans' Doubts About the Death Penalty" (2007) "Blind Justice: Juries Deciding Life and Death with Only Half the Truth" (2005) "Innocence and the Crisis in the American Death Penalty" (2004) "International Perspectives on the Death Penalty: A Costly Isolation for the U.S." ( 1999) "The Death Penalty in Black & White: Who Lives, Who Dies, Who Decides" ( 1998) "Innocence and the Death Penalty: The Increasing Danger of Executing the Innocent" (1997) E-4

5 Deterrence: States Without the Death Penalty Have Had Consistently Lower Murder Rate... Page 1 of 3 D P DE1'IH PEN1'11'1 1 <E INFORM1'IION CENIER FACT SHEET UPCOMING EXE(?UTIONS EXECUTION DATABASE Deterrence: States Without the Death Penalty Have Had Consistently Lower Murder Rates Year Murder Rate in Death Penalty States* Murder Rate in Nondeath Penalty States Percent 4% 7% 10% 10% 17% 27% 44% 42% 41% 28% 35% 37% 36% 44% 42% 46% 40% 42% 41% 35% 25% 18% 21% 22% 28% 25% Difference (click on year to see the murder rates and calculations involved in this analysis, provided by David Cooper; calculations by Joshua Kamin, 2014 calcualtions by DPIC staff.) * Includes Kansas and New York in the years after they adopted the death penalty, 1994 and 1995 respectively. New Jersey and New York ended the death penalty in the latter part of 2007 and will not be counted as death penalty states in Notes: Populations are from the U.S. Census estimates for each year. Murder rates are from the FB/'s "Crime in the United States" and are per 100,000 population. The murder rate for the region (death penalty states or non-death penalty states) is the total number of murders in the region divided by the total population (and then multiplied by 100,000) In calculations that include Kansas and New York, Kansas is counted as a death penalty state from 1994 and New York from 1996, since New York's law did not become effective until September, Murder Rates in Death Penalty States and Non-Death Penalty States E-5 / deterrence-states-without-death-penalty-have-had-consist... 3/21/2017

6 Deterrence: States Without the Death Penalty Have Had Consistently Lower Murder Rate... Page 2 of Murder Rates in Death Penalty States and Non-Death Penalty States 7.5 Death Penalty States Non-Death Penalty States The murder rate in non-death penalty states has remained consistently lower than the rate in states with the death penalty, and the gap has grown since Percent Difference in Murder Rate Between Death Penalty and Non-Death Penalty States 50% 46% 40% <II u C ~ 30% <II :i: i5... C <I> 20% ~ <II ll.. 10% 0% Year STUDIES COMPARING STATES WITH THE DEATH PENALTY AND STATES WITHOUT Michigan Lawmakers Reaffirm State's Longstanding Ban on Capital Punishment - In a vote upholding the state's longstanding abolition of the death penalty, Michigan lawmakers refused to support a measure that would have put capital punishment before state voters in a referendum. The vote fell 18 short of the 2/3 required for passage. During a lengthy House debate regarding the bill, Representative Jack Minor (D-Flint) told his colleagues that studies show crime rates are lower in states without the death penalty. He noted, "The death penalty's not a deterrent. In fact, the figures would suggest it's just the opposite." Other opponents of the measure stated that "revenge" would not help victims' families. Michigan has not had the death penalty for 158 years, and voters have not addressed the issue since its abolition was included in the 1963 revision of the state constitution. Michigan is one of 12 states in the U.S. that does not have a death penalty. (Michigan Live, March 19, 2004) The state was the first English speaking government in the world to ban the practice. States Without the Death Penalty Have Better Record on Homicide Rates - A new survey by the New York Times found that states without the death penalty have lower homicide rates than states with the death penalty. The Times reports that ten of the twelve states without the death Louisiana Mississippi Missouri South Carolina Al~1bama Delaware Nevada Tennessee Arkansas Georgia Oklahoma Indiana Florida North Carolina Pennsylvania Texas Kentucky Virgir,ia Arizona Kansas Ohio South Dakota Montana California Colorado Washington Wyoming Oregon Murder Rate in Death Penalty and Non-Death Penalty States, 2015 ffil Death Penalty States E-6 deterrence-states-without-death-penalty-have-had-consist... 3/21/2017

7 Deterrence: States Without the Death Penalty Have Had Consistently Lower Murder Rate... Page 3 of 3 penalty have homicide rates below the national average, whereas half of Idaho Utah the states with the death penalty have homicide rates above. During the New Hampshire Maryland last 20 years, the homicide rate in states with the death penalty has been Alaska 48% % higher than in states without the death penalty. "I think Illinois Michigan Michigan made a wise decision 150 years ago," said the state's governor, New Mexico John Engler, a Republican, referring to the state's abolition of the death Wisconsin New Jersey penalty in "We're pretty proud of the fact that we don't have the West Virginia Connecticut death penalty." (New York Times, 9/22/00) Nebraska NewYork North Dakota States Without the Death Penalty Fared Better Over Past Decade - In Rhode Island the past ten years, the number of executions in the U.S. has increased Minnesota while the murder rate has declined. Some commentators have maintained Massachu~:;: that the murder rate has dropped because of the increase in executions Maine Vermont (see, e.g., W. Tucker, "Yes, the Death Penalty Deters," Wall St. Journal, Hawaii June 21, 2002). However, during this decade the murder rate in nondeath penalty states has remained consistently lower than the rate in states with the death penalty. r=: 0 II NonRDeath Penalty States When comparisons are made between states with the death penalty and states without, the majority of death penalty states show murder rates higher than non-death penalty states. The average of murder rates per 100,000 population in 1999 among death penalty states was 5.5, whereas the average of murder rates among non-death penalty states was only 3.6. Return to Deterrence E-7 deterrence-states-without-death-penalty-have-had-consist... 3/21/2017

8 Murder Rates Nationally and By State I Death Penalty Information Center Page 1 of 4 '.tj I DEArtH PENAtl'I,, ] INfORMAJ"ION CENJ"ER Homa Facts FACTSHEF{ UPCOMlNG EXECUTlONS EXECUTION DA TA BASE STATE-BY<STATE Murder Rates Nationally and By State By Region Alphabetical by State By Rank. Highest to Lowest National Rates, 1970-Current Murder Rate of Death Penalty States Compared to Non-Death Penalty States DATA SOURCES: FBI Uniform Crime Report for 2008 (Published Sept, 2009) FBI Uniform Crime Report for 2009 (Published Sept, 2010) FBI Uniform Crime Report for 2010 (Published Sept, 2011) FBI Uniform Crime Report for 2011 (Published Oct, 2012) FBI Uniform Crime Report for 2012 (Published Oct, 2013) FBI Uniform Crime Report for 2013 (Published Nov, 2014) FBI Uniform Crime Report for 2014 (Published Oct, 2015) FBI Uniform Crime Report for 2015 (Published Oct, 2016) News and Developments - Current Year News and Developments - Previous Years REGIONAL MURDER RATES, MURDER RATES PER 100,000 PEOPLE EXECUTIONS REGION NATIONWIDE MURDER RATES, ALPHABETICAL BY STATE MURDER RATES PER 100,000 PEOPLE States marked in yellow have no death penalty statute and murder rates have been highlighted from the year of abolition in that state. E-8 3/21/2017

9 Murder Rates Nationally and By State I Death Penalty Information Center Page 2 of 4 I YEAR,., J201sl2014 _L2013.~L 2011 L2010.L,2009,J.2oos.l 2001J J_2oos , t:002.l 2001 J_2000 J,.1999 J 199s J,.1991J_ 1998 s.9 I s.3 E-9 3/21/2017

10 Murder Rates Nationally and By State I Death Penalty Information Center Page 3 of For 2015, the average Murder Rate of Death Penalty states was 5.1, while the average Murder Rate of States without the Death Penalty was 4.1 For 2014, the average Murder Rate of Death Penalty states was 4.7, while the average Murder Rate of States without the Death Penalty was 3.8 For 2013, the average Murder Rate of Death Penalty states was 4.4, while the average Murder Rate of States without the Death Penalty was 3.4 For 2012, the average Murder Rate of Death Penalty States was 4.7, while the average Murder Rate of States without the Death Penalty was 3.7 For 2011, the average Murder Rate of Death Penalty States was 4.7, while the average Murder Rate of States without the Death Penalty was 3.1 For 2010, the average Murder Rate of Death Penalty States was 4.6, while the average Murder Rate of States without the Death Penalty was 2.9 For 2009, the average Murder Rate of Death Penalty States was 4.9, while the average Murder Rate of States without the Death Penalty was 2.8 For 2008, the average Murder Rate of Death Penalty States was 5.2, while the average Murder Rate of States without the Death Penalty was 3.3 For a weighted average which takes into account the population of each state, see additional murder rate data. NATIONWIDE MURDER RATES BY 2015 RANK, HIGHEST TO LOWEST (other years shown for comparison) MURDER RATES PER 100,000 PEOPLE E /21/2017

11 Murder Rates Nationally and By State I Death Penalty Information Center Page 4 of 4 For 2015, the average Murder Rate of Death Penalty states was 5.1, while the average Murder Rate of States without the Death Penalty was 4.1 For 2014, the average Murder Rate of Death Penalty states was 4.7, while the average Murder Rate of States without the Death Penalty was 3.8 For 2013, the average Murder Rate of Death Penalty states was 4.4, while the average Murder Rate of States without the Death Penalty was 3.4 For 2012, the average Murder Rate of Death Penalty States was 4.7, while the average Murder Rate of States without the Death Penalty was 3.7 For 2011, the average Murder Rate of Death Penalty States was 4.7, while the average Murder Rate of States without the Death Penalty was 3.1 For 2010, the average Murder Rate of Death Penalty States was 4.6, while the average Murder Rate of States without the Death Penalty was 2.9 For 2009, the average Murder Rate of Death Penalty States was 4.9, while the average Murder Rate of States without the Death Penalty was 2.8 For 2008, the average Murder Rate of Death Penalty States was 5.2, while the average Murder Rate of States without the Death Penalty was 3.3 For a weighted average which takes into account the population of each state, see additional murder rate data. 12 E /21/2017