Public Opinion

Poll Shows Orange and Osceola County Voters Prefer Life Sentences Over Death Penalty

A new poll of voters in Orange and Osceola counties in Florida—taken in the wake of Governor Rick Scott's removal of their locally elected State Attorney Aramis Ayala (pictured) from 22 homicide cases after she announced that her office would not pursue the death penalty—shows that the counties' voters overwhelmingly prefer the use of life imprisonment over the death penalty as punishment for murder. The poll by Public Policy Polling, released on April 10, found that 62% of Orange and Osceola county respondents preferred some form of life in prison for those convicted of first-degree murder, while just 31% preferred the death penalty. Ayala's March 17 decision not to seek the death penalty in any murder cases drew praise from the Florida Black Caucus and local civil rights groups, but provoked an immediate backlash from death penalty proponents. Republican Governor Rick Scott removed Ayala—a Democrat and the state's only locally elected African-American prosecutor—from 22 murder cases and replaced her with State Attorney Brad King, a white Republican prosecutor from a neighboring judicial district. The Public Policy Polling survey found a preference for life sentences across all racial, gender, and age groups and political affiliations. 73% of black voters preferred some form of life sentence as the punishment for murder, as compared to 19% who preferred the death penalty. Whites and Latinos also preferred life sentences over the death penalty, both by margins of 29 percentage points. The preference for life sentences transcended party affiliation, although there were clear partisan differences. 76% of Democrats preferred life sentences, while 21% favored the death penalty; Independents preferred life sentences by a margin of 22 percentage points (55%-33%); and Republicans preferred life sentences by 5 percentage points (49%-44%). A majority of voters also supported a State Attorney taking a "data-driven" approach to reducing bias in sentencing and considering costs to taxpayers and the effect on victims' families when deciding whether to seek a death sentence. Kenneth B. Nunn, a professor of law at University of Florida's Levin College of Law, said, “These results clearly show that Orange and Osceola voters strongly prefer life sentences over the death penalty. State Attorney Aramis Ayala’s position on the death penalty is very much in line with the position of her constituents.” Governor Scott lost Orange County by 12 percentage points and Osceola County by 9 percentage points in the 2014 gubernatorial election.

STUDIES: Rarity of Executions Makes California Jurors Less Likely to Impose Death Sentences

A study published in The Yale Law Journal provides new evidence that, as public opinion continues to shift away from the death penalty, juries empaneled in capital cases may become even less representative of the community and even more prone to convict. The studyconducted by Professors Brandon Garrett (University of Virginia), Daniel Krauss (Claremont-McKenna College), and Nicholas Scurich (University of California Irvine)—found that with increased public opposition to the death penalty, more prospective jurors may be excluded from serving on capital juries because of their views against the death penalty. The researchers surveyed people reporting for jury duty in Orange County, California about their views on the death penalty itself and on the impact of the rarity of executions in California. Orange County is one of the ten most prolific death-sentencing counties in the United States and was one of just 16 U.S. counties that imposed five or more death sentences from 2010 to 2015. But despite those facts, about one-third (32%) of those surveyed said they would automatically vote for life without parole in the sentencing phase of a death penalty case. This view would make them excludable from a capital jury in a process known as death qualification, a result that the authors said, "raises new constitutional questions concerning [death qualification's] effect on the ability to secure a fair cross-section of the community in the jury venire." The researchers also found that nearly one in four jurors (24%) said that, as a result of their concerns about the death penalty, they would "refuse to vote for murder in the first degree merely to avoid reaching the death penalty issue." These so-called "nullifiers" would also be excludable from the jury, producing a jury that would be more prone than the overall population to find the defendant guilty. But at the same time that death qualification "excludes far higher percentages of the population than ever before," the researchers found that it "also has become an even less predictable prosecution tool, because even many stated death penalty proponents now harbor serious doubts about the death penalty." Finally, researchers asked the jurors whether the fact that California has not carried out an execution since 2006 would make them more likely or less likely to impose a death sentence. 67% of those surveyed said it made them less likely to vote for death. The authors urge further research into jury attitudes about the death penalty and conclude, "These findings have implications for how we should think about punishment as well as the Eighth Amendment in the area of the death penalty, but also far more broadly. Perhaps unusual punishments appear cruel or unsupported due to their rarity in practice."

POLL: Nearly Two-Thirds in Utah Prefer Life-Sentencing Alternatives to the Death Penalty

According to a new poll, nearly two-thirds of Utah residents say they prefer some form of life sentence, rather than the death penalty, as the punishment for murder, and a majority support replacing the death penalty with a sentence of life without possibility of parole. The statewide poll of 784 Utah voters conducted by Public Policy Polling on January 13-15, 2017 and released on February 9 found that Utah residents preferred life-sentence alternatives over capital punishment by a margin of 35 percentage points. 47% said they preferred life in prison without parole, plus a requirement that the convicted person work in prison to pay restitution to the victims; 9% selected life in prison without parole; 8% chose life in prison with a possibility of parole after 40 years; and 29% preferred the death penalty. The preference for alternatives held true across political party, religion, age, gender, and race. The poll also found that a majority (53%) of Utahns said they would strongly or somewhat support a bill to replace the death penalty with life without parole, a measure estimated to save the state more than $1.6 million per case. 41% of respondents opposed the bill. “The death penalty is losing favor in our state because it wastes tax dollars, is ineffective in stopping violent crime, and risks possibly killing an innocent person, and none of those things align with our conservative principles,” said said Kevin Greene, Organizing Director of Utah Conservatives Concerned About the Death Penalty, a project of the Utah Justice Coalition. In 2016, a death penalty repeal bill sponsored by Republican Senator Steve Urquhart passed the Utah Senate and a House legislative committee, but was not considered by the full House before the legislative session ended.

DPIC Releases Year End Report: Historic Declines in Death Penalty Use Continue

Death sentences, executions, and public support for the death penalty continued their historic declines in 2016, according to DPIC's annual report, "The Death Penalty in 2016: Year End Report," released on December 21. The 30 death sentences imposed this year are the fewest in the modern era of capital punishment in the U.S.—since the Supreme Court declared all existing death penalty statutes unconstitutional in 1972—and declined 39% from 2015's already 40-year low. Just 20 people were executed in 2016, the fewest executions since 1991. Both death sentences and executions were increasingly geographically isolated. Two states—Georgia and Texas—accounted for 80% of executions, and more than half of all death sentences were imposed in just three states—California, Ohio, and Texas. Election results reflected America's deep divisions about the death penalty, as voters in three states decided to retain the death penalty or add it to the state constitution, while voters in five of the highest-use death penalty counties replaced prosecutors who strongly supported the death penalty with candidates who promised reform and reductions in capital prosecutions. Courts struck down practices in Arizona, Delaware, Florida, and Oklahoma that had contributed to disproportionately high numbers of death sentences. “America is in the midst of a major climate change concerning capital punishment. While there may be fits and starts and occasional steps backward, the long-term trend remains clear,” said Robert Dunham, DPIC’s Executive Director and the author of the report. “Whether it’s concerns about innocence, costs, and discrimination, availability of life without parole as a safe alternative, or the questionable way in which states are attempting to carry out executions, the public grows increasingly uncomfortable with the death penalty each year.” See DPIC's Press Release. Watch a short video summary of the report. (Click image to enlarge.)

Voters Oust Prosecutors in Outlier Death Penalty Counties, Retain Governors Who Halted Executions

Prosecutors in three counties known for their outlier practices on the death penalty were defeated by challengers running on reform platforms, while voters in Oregon and Washington re-elected governors who acted to halt executions. In Hillsborough County, Florida, Democrat Andrew Warren defeated Republican incumbent Mark Ober (pictured, l.). Warren pledged to seek the death penalty less often and establish a unit to uncover wrongful convictions. In Harris County, Texas, incumbent Devon Anderson (pictured, r.) was defeated by Democratic challenger Kim Ogg. Ogg ran on a platform of broad criminal justice reform and had received support from the Black Lives Matter movement. Harris County leads the nation in executions and is second only to Los Angeles in the number of people on its death row. Ogg had said that the death penalty had created "a terrible image for our city and our county" and pledged that, "[u]nder an Ogg admninistration, you will see very few death penalty prosecutions." Brandon Falls, District Attorney of Jefferson County, Alabama, lost his seat to Charles Todd Henderson, who does not support the death penalty and said he plans to “bring about real criminal justice reform.” Hillsborough, Harris, and Jefferson all rank among the 2% of U.S. counties responsible for a majority of death row inmates in the U.S., and were among the 16 most prolific death sentencing counties in the U.S. between 2010-2015. “People are scrutinizing their local criminal justice systems, and people are realizing how much power state attorneys have, and they are seeing elections as a way to change those results,” Deborrah Brodsky, director of the Project on Accountable Justice at Florida State University, said. In gubernatorial elections, voters re-elected governors who had halted executions in their states. Washington voters re-elected Governor Jay Inslee, who imposed a death penalty moratorium, and Oregon voters gave a full term to Governor Kate Brown, who had extended her predecessor's moratorium and pledged to keep the moratorium in effect if elected. In North Carolina, voters defeated incumbent Governor Pat McCrory, who had supported efforts to repeal the state's Racial Justice Act. 

Gallup Poll: Support for Death Penalty at Lowest Level Since 1972

Support for the death penalty in the United States is at its lowest level since November 1972, according to a Gallup poll released October 25. Gallup reported that 60% of respondents said they support capital punishment—off one percentage point from last year—while opposition remained at 37%, matching its highest level since the U.S. Supreme Court struck down the death penalty in 1972. Support has dropped 9 points since 2007 and 20 points since its peak in 1994. The results reflect the same long-term trend of declining support for and increasing opposition to capital punishment that the Pew Poll found earlier this year. Pew found that support for the death penalty had dropped to 49%, marking the first time support had dropped below 50% since 1971. Gallup's poll this year included a question on the perceived fairness of capital punishment. 50% of respondents believe the death penalty is applied fairly, the lowest level in the question's 17-year history, and 44% believe it is applied unfairly, the highest level in 17 years. Gallup tied the poll results to larger trends, saying, "This is reflected in, or perhaps the force behind, changes in death penalty laws in recent years, with a total of 12 states abolishing the death penalty or imposing a moratorium in the last decade alone." Gallup did not include information on levels of support for the death penalty by age, race, sex, religion, or political affiliation as part of its statement on the 2016 poll and did not ask respondents which punishment they found more appropriate for murder: the death penalty or life without parole. Polling this year in California, Florida, Kentucky, Louisiana, and Oklahoma indicates that, when asked that policy question, more Americans favor life without parole over the death penalty.

PEW POLL: Public Support for the Death Penalty Drops Below 50% for First Time in 45 Years

Public support for the death penalty fell by 7 percentage points in the last year, with fewer than half of Americans (49%) now saying they support the death penalty, according to a national Pew Research Center poll released on September 29. The poll marks the first time in 45 years that support for capital punishment polled below 50%, when a Gallup poll in released in November 1971 also reported that 49% of Americans supported the death penalty. Opposition to capital punishment reached a record high since the U.S. Supreme Court's 1972 decision in Furman v. Georgia striking down existing death penalty statutes. 42% of respondents told Pew that they oppose capital punishment, the most since a May 1966 Gallup poll reported 47% of Americans against the death penalty. The poll results reflect the continuation—and perhaps acceleration—of a 20-year trend of decreasing support for, and increasing opposition to, capital punishment. Support for the death penalty declined across every demographic group in the past year, with the largest decline coming among Independents (13 percentage points). Majorities of Blacks (63%), Hispanics (50%), 18-29 year-olds (51%), college graduates (51%), Democrats (58%), and people with no religious affiliation (50%) now oppose the death penalty and—while comprising less than a majority—more women, Independents, and Catholics say they oppose the death penalty than support it. While 72% of Republicans say they favor capital punishment, support for the death penalty among Republicans dropped 5 points in the past year. Since 2011, support for the death penalty has declined among every demographic group, with overall support falling by 13 points. The polls appear to be reflecting generational changes as well. 59% of those aged 18-29 said they supported the death penalty in 2011. In 2015, support among the young had fallen to 51%, and support plummeted another 9 percentage points to 42% this year. (Click image to enlarge.)

Field Poll: California Death Penalty Repeal Leads Among Likely Voters as Majority Say They Prefer Life Without Parole

A poll of likely California voters conducted jointly by The Field Poll and the Institute of Governmental Studies at the University of California, Berkeley has found continuing erosion of support for the death penalty in the state and near-majority support for Proposition 62, a ballot question to replace the state's death penalty with a system of life imprisonment without parole, plus restitution. The poll found significant voter confusion about a rival ballot measure, Proposition 66, that claims to "reform" the state's death penalty by purportedly speeding up capital appeals. A plurality of voters said they are undecided about that ballot question. Although support for both propositions led opposition, neither commanded a majority. 48% of likely voters say they plan to vote yes on Prop. 62, with 37% planning to vote no and 15% undecided. 35% say they plan on voting yes on Prop. 66, with 23% currently opposing, but 42% undecided. (Click image to enlarge.) The poll presented likely voters with the summaries of each initiative that will appear on the November ballot. It found that support for repeal was strongest among Democrats (63%), liberals (71%), voters under 30 (55%), and voters with no religious preference (59%). Latinos were nearly evenly divided and constituted the only racial or ethnic group in which more voters said they opposed Prop. 62 (43%) than supported it (42%). Nearly one-third of African-American voters (32%) reported that they were undecided. A plurality of most demographic groups was undecided about Prop. 66, but support for the measure was highest among Republicans (42%), conservatives (45%), and Protestants (41%). The poll also asked voters whether they prefer the death penalty or life without parole for those convicted of first degree murder. A 10-percentage-point majority (55%-45%) said they prefer life without parole, continuing a trend of increased support for alternatives to the death penalty since the Field Poll first asked the question in 2009. At that time, a plurality (44%) prefered the death penalty. Support for Prop. 62 is polling 6 percentage points higher than it did for Proposition 34, the ballot initiative to repeal the death penalty that narrowly failed in 2012, at the same time in the election cycle. A Field Poll of likely voters in September 2012 showed 42% in favor of the repeal initiative, 45% opposed, and 13% undecided. Prop. 34 ultimately garnered 48% of the vote. The poll of 942 likely voters was conducted online by YouGov September 7-13, 2016 and released on September 22.

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