DPIC Report: Smart on Crime
Reconsidering the Death Penalty in Time of Economic Crisis
Overview
In a democracy, the substance of the laws is determined by the people. Even the constitution can be changed through the democratic process. Public sentiment can be measured through polling, but it is also reflected in elections and referenda, both on a local and national level.
There is a long history of polls of asking the public whether they favor or oppose the death penalty for the crime of murder. The resultant responses might reflect the public’s philosophical or moral stance on the issue, but they do not measure opinion about the death penalty as it is actually practiced, which requires such information as the availability of alternative sentences, the risks of mistake and bias, and the costs associated with the practice.
At Issue
The death penalty is sometimes justified because the majority of poll respondents supports it in the abstract. The Supreme Court, in attempting to determine whether a punishment is cruel and unusual, asks whether the punishment comports with society’s “evolving standards of decency.” The Court has been reluctant to rely on opinion polls to measure these standards because poll results can vary widely depending on the polling firm and the specific wording of the questions asked. Instead, the Court has looked to the actions of state legislatures and the decisions of juries, prosecutors and governors, as reflecting public will. The myriad of disturbing facts about the death penalty has led to a sharp decline in its use and even to a lowering of support in the abstract poll question. Ultimately, the future of the death penalty will depend on whether it is retaining public support.
What DPIC Offers
DPIC has highlighted the results of many polls on the death penalty over many years, both on a national and state level. Some of these polls go into greater depth than those just asking the abstract question of support or opposition. DPIC has also commissioned its own polls, including surveys of those in law enforcement, and has issued reports on the results.
News & Developments
News
Oct 11, 2024
French and German Embassies Host a Discussion on Innocence and the Death Penalty
On October 11, 2024 the Embassies of France and Germany hosted a discussion on the question of innocence and the death penalty at the residence of the French Ambassador in Washington, D.C. Panelists included Herman Lindsey, a death row exoneree and Executive Director of Witness to Innocence; Vanessa Potkin, Director of Special Litigation at the Innocence Project; and Emmjolee Mendoza Waters, Director of the Death Penalty Abolition Program at Catholic Mobilizing Network. The approximately 75…
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Sep 16, 2024
NEW RESOURCE: American Bar Association Reports on Capital Punishment and the State of Criminal Justice 2024
The American Bar Association’s Criminal Justice Section has announced its forthcoming annual report, The State of Criminal Justice 2024, examining the state of the American criminal legal…
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Sep 05, 2024
Research Roundup: Revisiting David Baldus’s Study to Examine Modern Day Use of the Death Penalty
DPI’s new series focuses on academic research and articles in the field of capital punishment. This month’s article is “Sacred Victims: Fifty Years of Data on Victim Race and Sex as Predictors of Execution,” in The Journal of Criminal Law and Criminology, co-authored by Professors Scott Phillips (Department of Sociology & Criminology), Justin Marceau, Sam Kamin, and a J.D. program alumna, Nicole King, from the Sturm College of Law at the University of…
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Sep 03, 2024
Articles of Interest: The New York Times Editorial Board Argues United States “Does Not Need the Death Penalty”
In an August 31, 2024, editorial from The New York Times, the newspaper’s editorial board writes that capital punishment is “immoral, unconstitutional and useless as a deterrent to crime,” and asserts that President Joseph Biden should follow through with his campaign pledge to end the federal death penalty. The Times believes “it would be an appropriate and humane finale to his presidency for Mr. Biden to fulfill that pledge and try to eliminate the death penalty for federal…
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Aug 23, 2024
Student Scholars: Moral Disengagement Theory and Support for Capital Punishment
In this new series, the Death Penalty Information Center will occasionally highlight student works on capital punishment, including master’s and PhD theses, and law review…
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