The death penalty is sought and applied more often in some jurisdictions, not only between states but within states. A 2004 Cornell University study showed that while 2.5 percent of murderers convicted nationwide were sentenced to the death penalty, in Nevada 6 percent were given the death penalty. Texas gave 2 percent of murderers a death sentence, less than the national average. Texas, however, executed 40 percent of those sentenced, which was about four times higher than the national average. California had executed only 1 percent of those sentenced.

What percentage of murderers in the United States are given a death sentence?