WNY Coalition Against the Death PenaltyDonateFact Sheet
A sourced reference for reporters, faith groups, students, organizers, and Western New Yorkers who need clear numbers without the spin.
Last Updated July 28, 2026
This page focuses on statistics that matter in Western New York: New York’s death penalty status, federal capital punishment, racial disparity, innocence, cost, and deterrence. Each statistic below includes a source and date.
New York does not operate a state death penalty, but federal capital law can still apply to certain federal cases in New York.
New York State
New York’s Court of Appeals made the state death penalty statute unusable in 2004. State courts can impose severe sentences, including life without parole in eligible cases, but they do not impose death sentences under the invalidated statute.
New York State Assembly reportFederal Death Penalty
The federal government can seek death sentences for a limited set of crimes. Federal capital law applies in all 50 states and U.S. territories, including states such as New York that do not operate their own death penalty.
The federal death penalty was invalidated after Furman v. Georgia in 1972, restored for a narrow group of offenses in 1988, and expanded through the Federal Death Penalty Act of 1994. The Death Penalty Information Center reports that 16 federal executions have occurred in the modern era, including 13 between July 2020 and January 2021.
Death Penalty Information Center, accessed July 28, 2026Each item has a stable anchor so writers can link directly to the specific number they are quoting.
1,993
The Legal Defense Fund reported that the U.S. death row population fell below 2,000 in Spring 2026, the lowest level since December 1987.
Legal Defense Fund, Death Row U.S.A. Spring 2026, June 22, 202647%
The same Spring 2026 report says the national death row population is down from a peak of 3,726 people in January 2001.
Legal Defense Fund, Death Row U.S.A. Spring 2026, June 22, 2026Nearly 40%
That includes cases affected by resentencing proceedings, judicial reversals, moratoria, or other legal barriers to execution.
Legal Defense Fund, Death Row U.S.A. Spring 2026, June 22, 202676%
LDF reports that executions remain heavily concentrated in cases with white victims, even though about half of U.S. homicide victims are Black or Latino/a.
Legal Defense Fund, Death Row U.S.A. Spring 2026, June 22, 202640%
LDF reported that Black people make up 40% of the death row population, compared with 11.7% of the national population.
Legal Defense Fund, Death Row U.S.A. Spring 2026, June 22, 2026202
The Death Penalty Information Center counts at least 202 people wrongly convicted and sentenced to death who have been exonerated.
Death Penalty Information Center Fact Sheet, July 14, 202627
The Death Penalty Information Center lists 27 death-penalty states; the U.S. government and U.S. military also retain capital punishment.
Death Penalty Information Center State-by-State Database, Accessed July 28, 20262004
In People v. LaValle, the New York Court of Appeals invalidated the required deadlock instruction in the 1995 statute, effectively ending death sentences under state law.
New York State Assembly Codes Committee Report, April 2005$170 million
The New York State Assembly reported that the state and local governments spent about $170 million administering the 1995 death penalty statute, with seven death sentences and no executions.
New York State Assembly Codes Committee Report, April 200550
The Federal Bureau of Prisons lists 50 federal executions from 1927 forward, including the modern federal execution period.
Federal Bureau of Prisons, Accessed July 28, 202637 of 40
President Biden commuted 37 federal death sentences to life without parole, leaving three federal prisoners still under death sentences.
Associated Press, December 23, 2024No reliable conclusion
A National Research Council committee found existing research was not informative enough to say whether capital punishment decreases, increases, or has no effect on homicide rates.
National Research Council, Deterrence and the Death Penalty, 2012The coalition uses public, named sources and updates the page when key datasets change.
We prioritized national datasets, government records, and reports from organizations that track death penalty cases over time. We left out claims that could not be tied to a named, dated source.
WNY Coalition Against the Death Penalty, “Death Penalty Facts For New York And Federal Cases,” updated July 28, 2026, https://wnycoalitionagainstthedeathpenalty.com/death-penalty-facts/
The coalition can help journalists, students, faith communities, and civic groups understand what the death penalty means in New York and in federal court.