Report: Executions, death sentences declined in 2004

? The ranks of people sentenced to death and the number executed declined in 2004 as the nation’s death row population kept shrinking, the government reported Sunday.

Last year, a dozen states executed 59 prisoners, six fewer than in 2003, according to the Justice Department’s Bureau of Justice Statistics.

The report also said 125 people, including five women, who were convicted of murder received a death sentence last year. That was the lowest number since 1973.

Last year, 22 death row inmates died of natural causes or committed suicide, while an additional 107 had their sentences commuted, tossed out or overturned. As of Dec. 31, there were 3,315 people on death row, compared to 3,378 a year earlier.

Tracy Snell, one of the report’s authors, said the number of prisoners under death sentences has declined four years in a row, the result of a murder rate now at its lowest level in 40 years.

Capital punishment in Kansas

In December 2004, the Kansas Supreme Court declared the state’s death penalty unconstitutional, vacating the death penalty for six men facing execution. The ruling said the death penalty statute was unconstitutional because of how juries weigh arguments for and against the death penalty during sentencing.
The case is now in the hands of the U.S. Supreme Court.
The state’s last executions were of George York and James Latham in 1965.

One death penalty advocate said the threat of harsh punishment is responsible for that falling rate.

“There are less murders, less murder victims and less death sentences because, in our view, we have been giving this problem the right medicine,” said Michael Rushford, president of the Criminal Justice Legal Foundation in Sacramento, Calif.

“Most states have effective habitual offender laws. These laws take the most likely group of potential capital murderers off the street,” Rushford said.

Richard Dieter, executive director of the Death Penalty Information Center in Washington, said jurors increasingly are reluctant to recommend the death penalty.

He cited recent cases where death row prisoners have been freed following media or legal investigations; the use of DNA evidence to exonerate those wrongly convicted; and the increased availability of life-without-parole sentences as an alternative to capital punishment.

“The thing that stands out to me is the breadth of the decline,” said Dieter, whose group has been critical of how the death penalty is applied. “I think if it were just one year or one of those numbers, it would be less consequential. What we’re witnessing is a pullback from the death penalty across the country.”

Today, 37 of the 38 states with death penalty laws allow juries to consider life without parole as an alternative. That option may come to have a large effect in Texas, which in 2004 executed 23 prisoners, or more than three times as many death row inmates than any other state. A Texas law that took effect Sept. 1 allows capital murder juries to consider life-without-parole for convicted offenders.