The federal government hadn’t executed an inmate since 2003. That changed in July 2020 with the execution of 47-year-old Daniel Lewis Lee, a former white supremacist charged in the 1996 murders of a family of three. Lee’s death marked the first federal execution in 17 years.

There have since been nine additional executions in 2020 and one in 2021, most recently that of Lisa Montgomery in January.

To understand this shift in capital punishment in the United States, start with the data in the decades following the 1972 Furman v. Georgia Supreme Court ruling. That decision effectively banned the death penalty under existing state and federal sentencing guidelines, leading to procedural reform nationwide.

States use the death penalty more often than the federal government.

A set of Supreme Court cases in 1976 determined that Georgia, Texas, and Florida had made suitable revisions for the death penalty to no longer be “cruel and unusual,” opening a path for executions to resume in 1977. However, the federal government did not reestablish a death penalty until 1988. It has since had few death penalty cases compared to state governments.

The Bureau of Justice Statistics reports that there were 61 federal prisoners with death sentences in December 2018, the latest year available.  The federal government has executed fourteen prisoners since 1977: two in 2001, one in 2003, 10 in 2020, and one so far in 2021.

In contrast, states had 2,567 prisoners on death row at the end of 2018. Between 1977 and 2018, there were 1,490 executions in 34 states. Texas accounted for 37% of all executions in this period. California had 736 people on death row in 2018, more than any other state. However, it has executed 13 people since 1977, most recently in 2006. Additionally, California Gov. Gavin Newsom put a moratorium on capital punishment in March 2019.

All the federal executions completed in 2020 followed a single-drug lethal injection format that relied on pentobarbital. This is the process used by Georgia, Missouri, and Texas, three states that ranked in the top six in executions between 1977 and 2018.

The number of executions is down.

The number of executions has fallen from a high of 98 in 1999. In 2018, there were 25 executions that took place in eight states. Thirteen of them occurred in Texas, the most of any state. An advance count indicates that there were 22 executions in 2019.

Executions by jurisdiction

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The death penalty is currently legal in 28 states, though some states where it is legal, like California, Pennsylvania, and Oregon, have moratoriums on its use. Colorado is the most recent state to abolish the death penalty, signing a bill into law in March 2020.

In other states, complications from lethal injections have halted executions. Oklahoma conducted 112 executions between 1977 and 2018, the third most of any state. Still, it has not executed a person since 2015, when autopsy reports revealed that the state had used potassium acetate in a lethal injection, rather than the potassium chloride approved under protocol.

Arizona, which has executed 37 people since 1977, halted executions in 2014 when one lethal injection execution took 15 doses and almost two hours to complete. Some pharmaceutical companies have restricted their drugs from use in executions, further shrinking the available lethal injection drugs that states can utilize. But the federal government is not alone in considering executions again. The Attorney General of Arizona, Mark Brnovich, indicated in a letter to the governor in August 2020 that the state might resume executions now that legal barriers are resolved.

Fewer people are on death row.

The number of people on death row climbed annually from 1980 to 2000, when there were 3,601 individuals under sentence of death. Those numbers are down in recent years. The number of people on death row in 2018 was 2,628, a 27% decrease from 2000. In 2018, there were 88 people who left death row without execution and 38 who joined it. The reason for leaving is not always a commuted sentence – of the 88 people who disappeared from death row counts, 24 died from natural causes, suicide, or murder by a fellow inmate.

Death sentences are becoming less common.

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The proportion of Black inmates on death row might be higher than it is in prison.

Of more than 1.4 million prisoners nationwide in 2019, 33% were Black and non-Hispanic. Black and non-Hispanic people make up about 13% of the general population.

About 42% of death row inmates were Black in 2018. This includes people who are Black and Hispanic as well as Black and non-Hispanic, so it is difficult to be sure of the extent of the difference between the rates of Black inmates in prison and on death row. The percentage of Black people among those on death row has fallen since 1970, when Black people made up 53% of individuals sentenced to death.

Black and non-Hispanic people made up 24% of those executed in 2018, down from 35% in 2017. Around 34% of all death row inmates executed since 1977 have been Black and non-Hispanic.

42% of death row inmates were Black in 2018.

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Capital Punishment and Correctional Population Data Tables