As of April 1, 2008, the Death Penalty was authorized by 37 states, the Federal Government, and the U.S. Military. Those jurisdictions without the Death Penalty include 13 states and the District of Columbia. (Alaska, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, New Jersey, North Dakota, Rhode Island, Vermont, West Virginia, and Wisconsin).
Although one would expect federal law to be applied evenly, an investigation into the use of the federal death penalty by the Justice Department found significant geographic disparities in prosecutions. The country is divided into federal districts, and local U.S. Attorneys are required to submit all potential death penalty cases to the Attorney General for review and may make a recommendation about seeking the death penalty. The survey reported large disparities in the geographical distribution of federal death penalty recommendations.
From 1995-2000, 42% of the federal cases submitted to the Attorney General for review came from just 5 of the 94 federal districts.
Including the 21 districts that have never submitted a case for review by the Attorney General, from 1995-2000, 40 of the 94 federal districts never recommended seeking the death penalty for any defendant.
The Federal Death Penalty System: A Statistical Survey (1988-2000), U.S. Dept. of Justice (Sept. 12, 2000).
From 1995-2000, 42% of the federal cases submitted to the Attorney General for review came from just 5 of the 94 federal districts.
Including the 21 districts that have never submitted a case for review by the Attorney General, from 1995-2000, 40 of the 94 federal districts never recommended seeking the death penalty for any defendant.
The Federal Death Penalty System: A Statistical Survey (1988-2000), U.S. Dept. of Justice (Sept. 12, 2000).
Race-of-victim bias in the death penalty has been a persistent problem. In 1990, the U.S. General Accounting Office reviewed the research on this issue and found that in 82% of the studies, race of victim was found to influence the likelihood of being charged with capital murder or receiving a death sentence, i.e., those who murdered whites were found to be more likely to be sentenced to death than those who murdered blacks.
Some studies have also found bias against non-white defendants.A sophisticated statistical study in Philadelphia by David Baldus found that for similar crimes committed by similar defendants, blacks received the death penalty at a 38% higher rate than all others. (Richard C. Dieter, The Death Penalty in Black & White – Death Penalty Information Center, 1998).
Some studies have also found bias against non-white defendants.A sophisticated statistical study in Philadelphia by David Baldus found that for similar crimes committed by similar defendants, blacks received the death penalty at a 38% higher rate than all others. (Richard C. Dieter, The Death Penalty in Black & White – Death Penalty Information Center, 1998).