The number of people sentenced to death or facing continuing jeopardy of execution in

pending capital retrial or resentencing proceedings in U.S. states has dropped below
2,400 for the first time since 1990, a Death Penalty Information Center analysis of
NAACP Legal Defense and Educational Fund (LDF) data has shown.
In its Winter 2022 edition of Death Row USA (DRUSA), released in late February of
2022, LDF reported that the number of people on state death rows or facing possible
capital resentencing in state courts across the United States had fallen to 2,388 as of
January 1, 2022, down from 2,406 on October 1, 2021. That matched the total facing
active death sentences or possible capital resentencings in state courts in September
1990, the last time LDF reported fewer than 2,400 people facing continuing jeopardy of
death in U.S. state courts.
With 48 people on U.S. federal or military death rows, LDF reported 2,436 people on
U.S. death rows or facing jeopardy of being resentenced to death as of January 1,
2022. That total was down by 92 from LDF’s Winter 2021 report and was the lowest
total since January 1991 when 2,412 people were on U.S. state or federal death rows or
faced jeopardy of being resentenced to death. Death row peaked at 3,717 in the July
2001 DRUSA report and has declined by 1,281, or 34.5%, since then. Death row has
declined in size in the United States every year for the past 21 years.
LDF found that the capital convictions or death sentences of 218 people listed in its
report have been reversed, meaning that one in eleven current death sentences have
been reversed, subject to prosecutorial appeal or retrial or resentencing proceedings.
Excluding those individuals, the number of people in the United States facing active
death sentences fell to 2,218, from its total of 2,296 in January 2021. Historically, the
most likely outcome of a death sentence imposed in the U.S. since the Supreme Court
struck down existing capital punishment statutes in 1972 is that the conviction or death
sentence will be overturned and the defendant will be resentenced to life imprisonment
or less.
LDF reported that 887 people, or 36.4% of those on death row or facing capital
resentencing as of January 1, 2022 were in jurisdictions with moratoria on executions.
Subtracting those on death row in the moratorium jurisdictions — California,
Pennsylvania, Oregon, and the federal civilian death penalty — and those whose death
sentences have been reversed, LDF calculated that there were 1,385 currently
enforceable sentences. 1,051 death sentences are currently unenforceable, either
because the death sentence has been overturned or the prisoner is in a jurisdiction with
a moratorium on executions. That total represents 43.1% of all active cases in which a
death sentence has been imposed.
California’s death row declined to 692 prisoners but remained more than double the size
of death row in any other state. It was followed by Florida (330), Texas (199), and
Alabama (170). Nationwide, 42.4% of death-row prisoners were white, 40.1% were
Black, 13.8% Latinx, 1.9% Asian, and 1.0% were Native American. Among states with
at least 10 prisoners on death row, Texas (73.4%), Louisiana (72.6%), California
(67.1%), Nebraska (66.7%), and Mississippi (62.2%) were the states with the highest
percentage of individuals of color on death row. Two percent of all death-row prisoners
are women.

The number of people sentenced to death or facing continuing jeopardy of execution in

pending capital retrial or resentencing proceedings in U.S. states has dropped below
2,400 for the first time since 1990, a Death Penalty Information Center analysis of
NAACP Legal Defense and Educational Fund (LDF) data has shown.
In its Winter 2022 edition of Death Row USA (DRUSA), released in late February of
2022, LDF reported that the number of people on state death rows or facing possible
capital resentencing in state courts across the United States had fallen to 2,388 as of
January 1, 2022, down from 2,406 on October 1, 2021. That matched the total facing
active death sentences or possible capital resentencings in state courts in September
1990, the last time LDF reported fewer than 2,400 people facing continuing jeopardy of
death in U.S. state courts.
With 48 people on U.S. federal or military death rows, LDF reported 2,436 people on
U.S. death rows or facing jeopardy of being resentenced to death as of January 1,
2022. That total was down by 92 from LDF’s Winter 2021 report and was the lowest
total since January 1991 when 2,412 people were on U.S. state or federal death rows or
faced jeopardy of being resentenced to death. Death row peaked at 3,717 in the July
2001 DRUSA report and has declined by 1,281, or 34.5%, since then. Death row has
declined in size in the United States every year for the past 21 years.
LDF found that the capital convictions or death sentences of 218 people listed in its
report have been reversed, meaning that one in eleven current death sentences have
been reversed, subject to prosecutorial appeal or retrial or resentencing proceedings.
Excluding those individuals, the number of people in the United States facing active
death sentences fell to 2,218, from its total of 2,296 in January 2021. Historically, the
most likely outcome of a death sentence imposed in the U.S. since the Supreme Court
struck down existing capital punishment statutes in 1972 is that the conviction or death
sentence will be overturned and the defendant will be resentenced to life imprisonment
or less.
LDF reported that 887 people, or 36.4% of those on death row or facing capital
resentencing as of January 1, 2022 were in jurisdictions with moratoria on executions.
Subtracting those on death row in the moratorium jurisdictions — California,
Pennsylvania, Oregon, and the federal civilian death penalty — and those whose death
sentences have been reversed, LDF calculated that there were 1,385 currently
enforceable sentences. 1,051 death sentences are currently unenforceable, either
because the death sentence has been overturned or the prisoner is in a jurisdiction with
a moratorium on executions. That total represents 43.1% of all active cases in which a
death sentence has been imposed.
California’s death row declined to 692 prisoners but remained more than double the size
of death row in any other state. It was followed by Florida (330), Texas (199), and
Alabama (170). Nationwide, 42.4% of death-row prisoners were white, 40.1% were
Black, 13.8% Latinx, 1.9% Asian, and 1.0% were Native American. Among states with
at least 10 prisoners on death row, Texas (73.4%), Louisiana (72.6%), California
(67.1%), Nebraska (66.7%), and Mississippi (62.2%) were the states with the highest
percentage of individuals of color on death row. Two percent of all death-row prisoners
are women.

https://deathpenaltyinfo.org/news/winter-2021-death-row-usa-state-death-rows-drop-below-2-40
0-for-first-time-since-1990