TABLE SET I: STATISTICAL	OVERVIEW

Explanatory Notes

Table Set I reports overall trends for the death penalty decision-making process at the Department of Justice. The tables in this set analyze the statistics in three separate ways. First, Tables 1A and 1B examine the racial/ethnic distribution of defendants within the total number of defendants at a given stage of the process. Thus, for example, the reader can compare the racial/ethnic breakdown of defendants submitted for review by United States Attorneys against the breakdown for the smaller group as to whom the Attorney General authorized capital prosecution. Table 1A examines the post-protocol period of 1995 to 2000, and Table 1B examines the pre- protocol period of 1988 to 1994.

In addition to examining the racial/ethnic breakdown of defendants within any given stage of the decision-making process, the data can be analyzed to learn how different racial groups fare as they proceed through the various stages of the decision-making process. In other words, aside from asking about the relative proportion of racial/ethnic groups at any given stage of review, the statistics can also be examined to see whether defendants in one racial/ethnic group get authorized for capital prosecution at a different rate than other defendants. This set presents information about the latter question in two ways.

Tables 2A and 2B show the rates at which decisions were made for defendants within a given racial/ethnic group by each of the three primary participants, as a percentage of the total number of defendants in that racial/ethnic group that was considered by that participant at each stage.

Tables 3A and 3B present the rate at which defendants in a given racial/ethnic group reach each stage of the process, as a percentage of all defendants in that racial/ethnic group who entered the Department's decision-making process.

TABLE 1A

DISTRIBUTION OF DEFENDANTS WITHIN EACH

STAGE OF THE FEDERAL DEATH PENALTY PROCESS

(1995-2000)

TOTAL	White	Black	Hispanic	Other
#	%	#	%	#	%	#	%	#	%
SUBMITTED BY U.S. ATTORNEYS	682	100.0%	134	19.6%	324

47.5%	195	28.6%	29	4.3%
No Recommendation	5	100.0%	1	20.0%	1	20.0%	3	60.0%	0	0.0%
Recommendation Not to Seek Death Penalty (DP)	494	100.0%	85	17.2%	242	49.0%	153	31.0%	14	2.8%
Recommendation to Seek DP	183	100.0%	48	26.2%	81	44.3%	39	21.3%	15	8.2%
CONSIDERED BY REVIEW COMMITTEE	618	100.0%	119	19.3%	301	48.7%	172	27.8%	26	4.2%
No Recommendation	15	100.0%	4	26.7%	6	40.0%	4	26.7%	1	6.7%
Recommendation Not to Seek DP	420	100.0%	68	16.2%	215	51.2%	125	29.8%	12	2.9%
Recommendation to Seek DP	183	100.0%	47	25.7%	80	43.7%	43	23.5%	13	7.1%
CONSIDERED BY ATTORNEY GENERAL (AG)	588	100.0%	115	19.6%	287	48.8%	160	27.2%	26	4.4%
Decision Deferred or Pending	12	100.0%	3	25.0%	4	33.3%	4	33.3%	1	8.3%
Authorization Not to Seek DP	417	100.0%	68	16.3%	212	50.8%	124	29.7%	13	3.1%
Authorization to Seek DP	159	100.0%	44	27.7%	71	44.7%	32	20.1%	12	7.5%
AUTHORIZED BY AG TO SEEK DP	159	100.0%	44	27.7%	71	44.7%	32	20.1%	12	7.5%
DP Notice Withdrawn – Plea Agreement	51	100.0%	21	41.2%	18	35.3%	9	17.6%	3	5.9%
DP Notice Withdrawn – Subsequent AG Decision	11	100.0%	1	9.1%	3	27.3%	5	45.5%	2	18.2%
DP Notice Dismissed or Trial Terminated	4	100.0%	0	0.0%	1	25.0%	3	75.0%	0	0.0%
Pending Trial or Completion of Trial	51	100.0%	11	21.6%	23	45.1%	13	25.5%	4	7.8%
Not Convicted of Capital Charge	1	100.0%	0	0.0%	1	100.0%	0	0.0%	0	0.0%
Convicted of Capital Charge	41	100.0%	11	26.8%	25	61.0%	2	4.9%	3	7.3%
CONVICTED OF CAPITAL CHARGE	41	100.0%	11	26.8%	25	61.0%	2	4.9%	3	7.3%
Jury Verdict – DP Not Recommended	21	100.0%	7	33.3%	12	57.1%	0	0.0%	2	9.5%
Jury Verdict – DP Recommended	20	100.0%	4	20.0%	13	65.0%	2	10.0%	1	5.0%
SENTENCED TO DEATH	20	100.0%	4	20.0%	13	65.0%	2	10.0%	1	5.0%
DP Recommended by Jury But Not Yet Imposed	2	100.0%	0	0.0%	0	0.0%	2	100.0%	0	0.0%
DP Vacated by Court, Further Action Pending	4	100.0%	1	25.0%	3	75.0%	0	0.0%	0	0.0%
DEATH SENTENCE PENDING	14	100.0%	3	21.4%	10	71.4%	0	0.0%	1	7.1%
TABLE 1B

DISTRIBUTION OF DEFENDANTS WITHIN EACH

STAGE OF THE FEDERAL DEATH PENALTY PROCESS

(1988-1994)

TOTAL	White	Black	Hispanic	Other
#	%	#	%	#	%	#	%	#	%
SUBMITTED BY U.S. ATTORNEYS	52	100.0%	7	13.5%	39	75.0%	5	9.6%	1	1.8%
Recommendation to Seek Death Penalty (DP)	52	100.0%	7	13.5%	39	75.0%	5	9.6%	1	1.8%
CONSIDERED BY ATTORNEY GENERAL (AG)	52	100.0%	7	13.5%	39	75.0%	5	9.6%	1	1.8%
Decision Deferred or Pending	1	100.0%	0	0.0%	1	100.0%	0	0.0%	0	0.0%
Authorization Not to Seek DP	4	100.0%	0	0.0%	4	100.0%	0	0.0%	0	0.0%
Authorization to Seek DP	47	100.0%	7	14.9%	34	72.3%	5	10.6%	1	2.1%
AUTHORIZED BY AG TO SEEK DP	47	100.0%	7	14.9%	34	72.3%	5	10.6%	1	2.1%
DP Notice Withdrawn – Plea Agreement	14	100.0%	3	21.4%	10	71.4%	1	8.3%	0	0.0%
DP Notice Withdrawn – Subsequent AG Decision	11	100.0%	1	9.1%	10	90.9%	0	0.0%	0	0.0%
DP Notice Dismissed or Trial Terminated	2	100.0%	0	0.0%	2	100.0%	0	0.0%	0	0.0%
Pending Trial or Completion of Trial	0	100.0%	0	0.0%	0	0.0%	0	0.0%	0	0.0%
Not Convicted of Capital Charge	4	100.0%	0	0.0%	4	100.0%	0	0.0%	0	0.0%
Convicted of Capital Charge	16	100.0%	3	18.8%	8	50.0%	4	25.0%	1	6.3%
CONVICTED OF CAPITAL CHARGE	16	100.0%	3	18.8%	8	50.0%	4	25.0%	1	6.3%
Jury Verdict – DP Not Recommended	10	100.0%	1	10.0%	5	50.0%	3	30.0%	1	10.0%
Jury Verdict – DP Recommended	6	100.0%	2	33.3%	3	50.0%	1	16.7%	0	0.0%
SENTENCED TO DEATH	6	100.0%	2	33.3%	3	50.0%	1	16.7%	0	0.0%
DP Recommended by Jury But Not Yet Imposed	0	100.0%	0	0.0%	0	0.0%	0	0.0%	0	0.0%
DP Vacated by Court, Re-sentenced to Life In Prison	1	100.0%	1	100.0%	0	0.0 %	0	0.0%	0	0.0%
DEATH SENTENCE PENDING	5	100.0%	1	20.0%	3	60.0%	1	20.0%	0	0.0%

TABLE 2A

DECISION-MAKING RATES	WITHIN SPECIFIC

STAGES OF THE FEDERAL DEATH PENALTY PROCESS

(1995-2000)

TOTAL	White	Black	Hispanic	Other
#	%	#	%	#	%	#	%	#	%
SUBMITTED BY U.S. ATTORNEYS	682	100.0%	134	100.0%	324	100.0%	195	100.0%	29	100.0%
No Recommendation	5	0.7%	1	0.7%	1	0.3%	3	1.5%	0	0.0%
Recommendation Not to Seek Death Penalty (DP)	494	72.4%	85	63.4%	242	74.7%	153	78.5%	14	48.3%
Recommendation to Seek DP	183	26.8%	48	35.8%	81	25.0%	39	20.0%	15	51.7%
CONSIDERED BY REVIEW COMMITTEE	618	100.0%	119	100.0%	301	100.0%	172	100.0%	26	100.0%
No Recommendation	15	2.4%	4	3.4%	6	2.0%	4	2.3%	1	3.8%
Recommendation Not to Seek DP	420	68.0%	68	57.1%	215	71.4%	125	72.7%	12	46.2%
Recommendation to Seek DP	183	29.6%	47	39.5%	80	26.6%	43	25.0%	13	50.0%
CONSIDERED BY ATTORNEY GENERAL (AG)	588	100.0%	115	100.0%	287	100.0%	160	100.0%	26	100.0%
Decision Deferred or Pending	12	2.0%	3	2.6%	4	1.4%	4	2.5%	1	3.8%
Authorization Not to Seek DP	417	70.9%	68	59.1%	212	73.9%	124	77.5%	13	50.0%
Authorization to Seek DP	159	27.0%	44	38.3%	71	24.7%	32	20.0%	12	46.2%
AUTHORIZED BY AG TO SEEK DP	159	100.0%	44	100.0%	71	100.0%	32	100.0%	12	100.0%
DP Notice Withdrawn – Plea Agreement	51	32.1%	21	47.7%	18	25.4%	9	28.1%	3	25.0%
DP Notice Withdrawn – Subsequent AG Decision	11	6.9%	1	2.3%	3	4.2%	5	15.6%	2	16.7%
DP Notice Dismissed or Trial Terminated	4	2.5%	0	0.0%	1	1.4%	3	9.4%	0	0.0%
Pending Trial or Completion of Trial	51	32.1%	11	25.0%	23	32.4%	13	40.6%	4	33.3%
Not Convicted of Capital Charge	1	0.6%	0	0.0%	1	1.4%	0	0.0%	0	0.0%
Convicted of Capital Charge	41	25.8%	11	25.0%	25	35.2%	2	6.3%	3	25.0%
CONVICTED OF CAPITAL CHARGE	41	100.0%	11	100.0%	25	100.0%	2	100.0%	3	100.0%
Jury Verdict – DP Not Recommended	21	51.2%	7	63.6%	12	48.0%	0	0.0%	2	66.7%
Jury Verdict – DP Recommended	20	51.2%	4	36.3%	13	52.0%	2	100.0%	1	33.3%
SENTENCED TO DEATH	20	100.0%	4	100.0%	13	100.0%	2	100.0%	1	100.0%
DP Recommended by Jury But Not Yet Imposed	2	4.9%	0	0.0%	0	0.0%	2	100.0%	0	0.0%
DP Vacated by Court, Further Action Pending	4	9.8%	1	9.1%	3	12.0%	0	0.0%	0	0.0%
DEATH SENTENCE PENDING	14	34.1%	3	27.3%	10	40.0%	0	0.0%	1	33.3%
TABLE 2B

DECISION-MAKING RATES	WITHIN SPECIFIC

STAGES OF THE FEDERAL DEATH PENALTY PROCESS

(1988-1994)

TOTAL	White	Black	Hispanic	Other
#	%	#	%	#	%	#	%	#	%
SUBMITTED BY U.S. ATTORNEYS	52	100.0%	7	100.0%	39	100.0%	5	100.0%	1	100.0%
Recommendation to Seek Death Penalty (DP)	52	100.0%	7	100.0%	39	100.0%	5	100.0%	1	100.0%

CONSIDERED BY ATTORNEY GENERAL (AG)	52	100.0%	7	100.0%	39	100.0%	5	100.0%	1	100.0%
Decision Deferred or Pending	1	1.9%	0	0.0%	1	2.6%	0	0.0%	0	0.0%
Authorization Not to Seek DP	4	7.7%	0	0.0%	4	10.3%	0	0.0%	0	0.0%
Authorization to Seek DP	47	90.4%	7	100.0%	34	87.2%	5	100.0%	1	100.0%
AUTHORIZED BY AG TO SEEK DP	47	100.0%	7	100.0%	34	100.0%	5	100.0%	1	100.0%
DP Notice Withdrawn – Plea Agreement	14	29.8%	3	42.9%	10	29.4%	1	20.0%	0	0.0%
DP Notice Withdrawn – Subsequent AG Decision	11	23.4%	1	14.3%	10	29.4%	0	0.0%	0	0.0%
DP Notice Dismissed or Trial Terminated	2	4.3%	0	0.0%	2	5.9%	0	0.0%	0	0.0%
Pending Trial or Completion of Trial	0	0.0%	0	0.0%	0	0.0%	0	0.0%	0	0.0%
Not Convicted of Capital Charge	4	8.5%	0	0.0%	4	11.8%	0	0.0%	0	0.0%
Convicted of Capital Charge	16	34.0%	3	42.9%	8	23.5%	4	80.0%	1	100.0%
CONVICTED OF CAPITAL CHARGE	16	100.0%	3	100.0%	8	100.0%	4	100.0%	1	100.0%
Jury Verdict – DP Not Recommended	10	62.5%	1	33.3%	5	62.5%	3	75.0%	1	100.0%
Jury Verdict – DP Recommended	6	37.5%	2	66.7%	3	37.5%	1	25.0%	0	0.0%
SENTENCED TO DEATH	6	100.0%	2	100.0%	3	100.0%	1	100.0%	0	100.0%
DP Recommended by Jury But Not Yet Imposed	0	0.0%	0	0.0%	0	0.0%	0	0.0%	0	0.0%
DP Vacated by Court, Re-sentenced to Life In Prison	1	16.7%	1	50.0%	0	0.0%	0	0.0%	0	0.0%
DEATH SENTENCE PENDING	5	83.3%	1	50.0%	3	100.0%	1	100.0%	0	0.0%

TABLE 3A

DECISION-MAKING RATES ACROSS ALL STAGES

OF THE FEDERAL DEATH PENALTY PROCESS

(1995-2000)

TOTAL	White	Black	Hispanic	Other
#	%	#	%	#	%	#	%	#	%
SUBMITTED BY U.S. ATTORNEYS	682	100.0%	134	100.0%	324	100.0%	195	100.0%	29	100.0%
No Recommendation	5	0.7%	1	0.7%	1	0.3%	3	1.5%	0	0.0%
Recommendation Not to Seek Death Penalty (DP)	494	72.4%	85	63.4%	242	74.7%	153	78.5%	14	48.3%
Recommendation to Seek DP	183	26.8%	48	35.8%	81	25.0%	39	20.0%	15	51.7%
CONSIDERED BY REVIEW COMMITTEE	618	90.6%	119	88.8%	301	92.9%	172	88.2%	26	89.7%
No Recommendation	15	2.2%	4	3.0%	6	1.9%	4	2.1%	1	3.4%
Recommendation Not to Seek DP	420	61.6%	68	50.7%	215	66.4%	125	64.1%	12	41.4%
Recommendation to Seek DP	183	26.8%	47	35.1%	80	24.7%	43	22.1%	13	44.8%
CONSIDERED BY ATTORNEY GENERAL (AG)	588	86.2%	115	85.8%	287	88.6%	160	82.1%	26	89.7%
Decision Deferred or Pending	12	1.8%	3	2.2%	4	1.2%	4	2.1%	1	3.4%
Authorization Not to Seek DP	417	61.1%	68	50.7%	212	65.4%	124	63.6%	13	44.8%
Authorization to Seek DP	159	23.3%	44	32.8%	71	21.9%	32	16.4%	12	41.4%
AUTHORIZED BY AG TO SEEK DP	159	23.3%	44	32.8%	71	21.9%	32	16.4%	12	41.4%
DP Notice Withdrawn – Plea Agreement	51	7.5%	21	15.7%	18	5.6%	9	4.6%	3	10.3%
DP Notice Withdrawn – Subsequent AG Decision	11	1.6%	1	0.7%	3	0.9%	5	2.6%	2	6.9%
DP Notice Dismissed or Trial Terminated	4	0.6%	0	0.0%	1	0.3%	3	1.5%	0	0.0%
Pending Trial or Completion of Trial	51	7.5%	11	8.2%	23	7.1%	13	6.7%	4	13.8%
Not Convicted of Capital Charge	1	0.1%	0	0.0%	1	0.3%	0	0.0%	0	0.0%
Convicted of Capital Charge	41	6.0%	11	8.2%	25	7.7%	2	1.0%	3	10.3%
CONVICTED OF CAPITAL CHARGE	41	6.0%	11	8.2%	25	7.7%	2	1.0%	3	10.3%
Jury Verdict – DP Not Recommended	21	3.1%	7	5.2%	12	3.7%	0	0.0%	2	6.9%
Jury Verdict – DP Recommended	20	2.9%	4	3.0%	13	4.0%	2	1.0%	1	3.4%
SENTENCED TO DEATH	20	2.9%	4	3.0%	13	4.0%	2	1.0%	1	3.4%
DP Recommended by Jury But Not Yet Imposed	2	0.3%	0	0.0%	0	0.0%	2	1.0%	0	0.0%
DP Vacated by Court, Further Action Pending	4	0.6%	1	0.7%	3	0.9%	0	0.0%	0	0.0%
DEATH SENTENCE PENDING	14	2.1%	3	2.2%	10	3.1%	0	0.0%	1	3.4%
TABLE 3B

DECISION-MAKING RATES ACROSS ALL STAGES

OF THE FEDERAL DEATH PENALTY PROCESS

(1988-1994)

TOTAL	White	Black	Hispanic	Other
#	%	#	%	#	%	#	%	#	%
SUBMITTED BY U.S. ATTORNEYS	52	100.0%	7	100.0%	39	100.0%	5	100.0%	1	100.0%
Recommendation to Seek Death Penalty (DP)	52	100.0%	7	100.0%	39	100.0%	5	100.0%	1	100.0%
CONSIDERED BY ATTORNEY GENERAL (AG)	52	100.0%	7	100.0%	39	100.0%	5	100.0%	1	100.0%
Decision Deferred or Pending	1	1.9%	0	0.0%	1	2.6%	0	0.0%	0	0.0%
Authorization Not to Seek DP	4	7.7%	0	0.0%	4	10.3%	0	0.0%	0	0.0%
Authorization to Seek DP	47	90.4%	7	100.0%	34	87.2%	5	100.0%	1	100.0%
AUTHORIZED BY AG TO SEEK DP	47	90.4%	7	100.0%	34	87.2%	5	100.0%	1	100.0%
DP Notice Withdrawn – Plea Agreement	14	26.9%	3	42.9%	10	25.6%	1	20.0%	0	0.0%
DP Notice Withdrawn – Subsequent AG Decision	11	21.2%	1	14.3%	10	25.6%	0	0.0%	0	0.0%
DP Notice Dismissed or Trial Terminated	2	3.8%	0	0.0%	2	5.1%	0	0.0%	0	0.0%
Pending Trial or Completion of Trial	0	0.0%	0	0.0%	0	0.0%	0	0.0%	0	0.0%
Not Convicted of Capital Charge	4	7.7%	0	0.0%	4	10.3%	0	0.0%	0	0.0%
Convicted of Capital Charge	16	30.8%	3	42.9%	8	20.5%	4	80.0%	1	100.0%
CONVICTED OF CAPITAL CHARGE	16	30.8%	3	42.9%	8	20.5%	4	80.0%	1	100.0%
Jury Verdict – DP Not Recommended	10	19.2%	1	14.3%	5	12.8%	3	60.0%	1	100.0%
Jury Verdict – DP Recommended	6	11.5%	2	28.6%	3	7.7%	1	20.0%	0	0.0%
SENTENCED TO DEATH	6	11.5%	2	28.6%	3	7.7%	1	20.0%	0	0.0%
DP Recommended by Jury But Not Yet Imposed	0	0.0%	0	0.0%	0	0.0%	0	0.0%	0	0.0%
DP Vacated by Court, Re-sentenced to Life In Prison	1	1.9%	1	14.3%	0	0.0%	0	0.0%	0	0.0%
DEATH SENTENCE PENDING	5	9.6%	1	14.2%	3	7.7%	1	20.0%	0	0.0%