Public Opinion

POLL: Americans Overwhelmingly Oppose Death Penalty for Overdose Deaths

Americans of all ages, races, and political affiliations overwhelmingly oppose the Trump administration plan to pursue capital punishment for drug overdose deaths and believe it will have no effect on addressing the opioid public health crisis, according to a March 16-21, 2018 nationwide Quinnipiac University poll. By a 50-percentage-point margin (71% to 21%, with 8% saying they did not know or would not answer), Americans oppose the death penalty for persons convicted of selling drugs that contributed to a fatal overdose (click on graph to enlarge image). Three-quarters of Americans (75%-20%-5%) said that using the death penalty for drug sales leading to overdose deaths will not help stop the opioid crisis. Nearly three-fifths of Republicans (57%) both opposed the administration’s plan and thought it would not work. Opposition to the use of the death penalty for drug-overdose sales was highest among African Americans (90%), Democrats (87%), voters aged 18-34 (82%), and college-educated Whites (77%). 73% of women and 70% of men opposed the plan, as did 69% of Whites, Hispanics, and Independents. By margins of more than 3 to 1, men and women, Blacks and Whites, and Democrats and Independents also said using the death penalty would not help stop the opiod crisis. Hispanics by a margin of 2 to 1 thought it would not work. The Quinnipiac Poll also asked the 1,291 voters it surveyed several questions about the death penalty itself. In a question that asked simply “Do you support or oppose the death penalty for persons convicted of murder?,” 58% said they supported capital punishment, while 33% opposed. That contrasted with the most recent Gallup Poll, which reported 55% support for the death penalty, and the Pew Research Center poll, which reported support at 49%. When asked “Which punishment do you prefer for people convicted of murder: the death penalty or life in prison with no chance of parole?,” 51% of Quinnipiac Poll respondents said they preferred life without parole, versus 37% who preferred capital punishment. A Quinnipiac news release said this was the first time since the poll began asking this question in 2004 that a majority of Americans said they preferred the life-sentencing option. At the same time, however, poll respondents said by a 2 to 1 margin that they would not like to see the death penalty abolished nationwide. Democrats split on that question at 47%-46% in favor of abolition, but substantial majorities of every other demographic opposed abolition. “It’s a mixed message on a question that has moral and religious implications,” said Tim Malloy, the assistant director of the Quinnipiac University Poll. “Voters are perhaps saying, ‘Keep the death penalty, but just don’t use it.” 

New Polls in Two Florida Counties that Heavily Use the Death Penalty Find Voters Prefer Life Sentences Instead

Recently released poll results from two Florida counties that have heavily used the death penalty suggest that voters actually prefer life-sentencing options instead. Polls conducted by North Carolina-based Public Policy Polling on January 22-23, 2018, indicate that three-quarters of Miami-Dade County respondents preferred some form of life imprisonment rather than the death penalty as the punishment for people convicted of murder, and two-thirds of Pinellas County respondents preferred one of the life-sentencing options. The margin was more than 3 to 1 in Miami-Dade (75% to 21%) and more than 2 to 1 in Pinellas (68% to 30%). Of Miami-Dade respondents who chose a life-sentencing option, a plurality (40%) preferred life without parole, plus restitution; 18% preferred life with the possibility of parole after 40 years; and 17% preferred life without possibility of parole. In Pinellas, 48% preferred life without parole plus restitution; 12% preferred life without parole; and 8% chose life with parole eligibility after 40 years. Sixty-eight percent of Miami-Dade respondents said they would support a decision by their local prosecutor to reduce or eliminate the use of the death penalty, compared to 25% who opposed. In Pinellas, 64% said they would support reducing or eliminating the use of the death penalty, as opposed to 32% against. Pinellas/Pasco State Attorney Bernie McCabe reportedly has filed notice that he will seek the death penalty in 15 pending cases and six re-sentences, with nine death-penalty trials already scheduled for 2018. Floridians for Alternatives to the Death Penalty released the Pinellas County poll on February 27 and the Miami-Dade poll on March 1. The organization's director, Mark Elliott, said “[t]he survey results make clear that the state attorney’s office is ignoring the will of the overwhelming majority of Pinellas County constituents who prefer life sentences for those convicted of murder." Elliott also said that "[e]xpensive death penalty trials do nothing to prevent violent crime, protect law enforcement, or help victims’ families in meaningful ways, and mistakes are also all-too-common.” DPIC reported in 2013 that both Miami-Dade and Pinellas were among the 2% of counties that accounted for more than half of all death-row prisoners and executions in the United States. Both were among the Fair Punishment Project's list of 16 outlier counties that imposed five or more death sentences between 2010 and 2015—more than 99.5% of all counties in the country.

As Support for Death Penalty Falls in Utah, New Study Again Says Life Without Parole Costs Less

An analysis by the Utah Commission on Criminal and Juvenile Justice of the cost of capital punishment has found that cases in which prosecutors seek the death penalty are more costly than cases in which life without parole was the maximum sentence. The Commission's Death Penalty Working Group reviewed recent studies of death-penalty costs in Utah and across the country and found that, while there was disagreement about the magnitude of the cost difference, there was consensus that the death penalty was more expensive than non-capital alternatives. The two Utah studies included in the report were a 2012 analysis that estimated the death penalty added $1.6 million over the life of each case, compared to life without parole, and a 2017 study of the last 20 years that found that Utah spent about $40 million on 165 death-eligible cases, which resulted in just two death sentences. The report also reviewed recent public opinion data on the death penalty from polls administered both nationally and in Utah. Noting what it called "somewhat discrepant" results from recent Utah polls depending upon the questions respondents were asked, the report concluded "based on national data ... and consistently lower support from younger respondents in the Utah polls" that "public support for the death penalty in Utah is declining over previous highs." The working group also examined Utah's aggravating circumstances, which make cases eligible for the death penalty, and the impact of the death penalty on victims' familiy members (whom it called "covictims"), but did not draw any conclusions on either. The report did note that victims in non-capital cases have a greater opportunity to be heard because their non-testimonial statements to the court are not limited by the rules of evidence that apply to testimony in capital cases. It quoted the academic literature on the impact of capital prosecutions, saying that the assumption that the death penalty provides closure is "unproven ... The process of dealing with murder and capital punishment is different for every covictim" and there is no guarantee that the death penalty will enhance recovery. While the commission did not make any policy recommendations based on its findings, Utah Conservatives Concerned About the Death Penalty said the report points to the need for a reconsideration of Utah's death penalty. "This report should give pause to anyone who thought that because capital punishment is so rarely used in Utah that the cost of maintaining a death penalty would be negligible," said Kevin Greene, the group's director. "We have been spending tons of money without much in return and we hope lawmakers will closely examine the report and agree that the death penalty is anything but fiscally conservative."

Pledging No Death Penalty, Larry Krasner Sworn In As Philadelphia's District Attorney

Saying “[a] movement was sworn in today,” long-time civil-rights lawyer Larry Krasner (pictured)—who pledged to end Philadelphia's use of the death penalty—took the oath of office on January 2 as district attorney in a county that only five years ago had the third largest death row of any county in the country. Krasner's inaugural address put a face on the “[t]ransformational change in criminal justice" he had called for during the election, saying it was time to begin “trading jails—and death row—for schools,” “jail cells occupied by people suffering from addiction for treatment and harm reduction,” and “division between police and the communities they serve for unity and reconciliation.” Krasner's election has drawn national attention, as social-justice activists focus on new strategies to bring about social change. The Los Angeles Times placed Krasner among "a growing list of district attorneys around the country ... who have declared that their role isn’t simply to prosecute, but to protect defendants from the excesses of the criminal justice system." The American Prospect described "[t]he relatively quick swing from a death penalty devotee to a crusading reformer at the helm of a major American city’s DA office [as] both a distillation of a long-brewing shift in the politics of crime—away from the standard tough-on-crime bromides and toward a smarter approach to justice—and emblematic of a new recognition from progressives that electing allies into DA offices could be one of the most effective ways to reform the system from the inside." Since 2015, "reform" prosecutors have been elected to replace prosecutors in counties historically known for their aggressive use of the death penalty, including Harris (Houston), Texas; Duval (Jacksonville), Orange (Orlando), and Hillsborough (Tampa), Florida; Caddo Parish (Shreveport), Louisiana; and Jefferson (Birmingham), Alabama. But Clarise McCants, campaign director for the racial-justice organization, Color of Change, is eyeing upcoming district attorney races in 2018, saying “[t]he small number of [reform-minded] prosecutors we have elected so far is nothing compared to the kind of impact we could have.” Krasner takes the reins of an office most recently headed by Ronald CastilleLynne Abraham, and Seth Williams. Castille served as district attorney from 1986-1991, obtaining 45 death sentences and then participating in appeals in those cases after being elected to the Pennsylvania Supreme Court. Abraham was dubbed “America's Deadliest DA,” obtaining 108 death sentences in her 19 years as district attorney between 1991 and 2009. She was replaced by Williams, who resigned after being convicted in 2017 of corruption charges. Krasner's election culminates two decades of dramatically declining death penalty use in Philadelphia. Death sentences, which averaged 9.9 per year in the 1990s, have fallen to an average of fewer than one per year this decade. 

New Report Documents “Dramatic Rise” in Republican Support for Death-Penalty Repeal

"The death penalty is dying in the United States, and Republicans are contributing to its demise," concludes a new report, The Right Way, released on October 25 by the advocacy group Conservatives Concerned About the Death Penalty. The report traces "the dramatic rise in Republican sponsorship of bills to end the death penalty" and the trends that it says helped contribute to this rise. Based on this data, the report says "[m]ore Republican lawmakers are recognizing that the death penalty is a broken policy and taking an active role in efforts to end it." The data in the report reflect both the emergence of Republican leadership in bills to repeal the death penalty and increased bi-partisanship in the sponsorship of these bills. Forty Republican legislators sponsored bills to abolish the death penalty in 2016, the report says, "ten times as many [who] sponsored repeal bills ... in 2000." It also reports that the percentage of repeal-bill sponsors who are Republicans has risen to 31%, a six-fold increase since 2007. The report highlights grassroots, party-level, and religious shifts in Republican views about and activism against the death penalty. In addition to the national Conservatives Concerned About the Death Penalty, conservative anti-death-penalty advocacy groups have formed in eleven predominently Republican "red states." In Kansas, the state Republican Party "removed its death penalty support from the Party’s platform in 2014" in favor of a neutral position and voted down an attempt to restore a pro-death penalty stance in 2016. The report also says Evangelicals are increasingly "forsak[ing] the death penalty," pointing to the public involvolvement of prominent Evangelical leaders opposing state efforts to carry out executions in a number of recent cases and the new policy of position the National Association of Evangelicals, expressing neutrality on the death penalty and acknowledging its flaws. Recent national polls confirm the report's observations. The October 2017 Gallup poll on the death penalty indicated that death-penalty support among Republicans fell by ten percentage points, from 82% to 72%, in the last year, and the Pew Research Center reported a seven percentage-point decline in support for capital punishment between 2011 and 2015 among respondents who described themselves as conservative Republicans. The Right Way highlights the actions of five Republican state legislators' efforts to repeal capital punishment in predominantly Republican states, and addresses the substantive concerns that have given rise to Republican death-penalty opposition. "Plagued by wrongful convictions, high costs, and delays," the report says, "the death penalty has proven to be ineffective and incompatible with a number of core conservative principles. It runs afoul of conservative commitments to limited government, fiscal responsibility, and a culture of life." As renewed pushes to abolish the death penalty move forward in states like Utah and New Hampshire, the Gallup organization suggests that the actions of Republicans may be critical in determining the death penalty's future. It's analysis of this year's poll states: "Thirty-one states, primarily in Republican-leaning regions, allow the death penalty. The likelihood of many of those states changing their laws hinges on whether rank-and-file Republican support for capital punishment remains high or declines in the future."

GALLUP POLL: Support for Death Penalty in U.S. Falls to a 45-Year Low

“Americans' support for the death penalty has dipped to a level not seen in 45 years,” according to the results of the 2017 Gallup poll released on October 26. Gallup reported that, in a nationwide survey of 1,028 adults polled October 5-11, 2017, 55% of Americans said they are "in favor of the death penalty for a person convicted of murder," down from a reported 60% in October 2016. The five percentage-point decline represented an 8% decrease in the level of support for the death penalty nationwide and, Gallup said, "continue[s] a trend toward diminished death penalty support" in the United States. This year's results reflected the lowest level of support for the death penalty in the U.S. since March 1972—just before the June 1972 U.S. Supreme Court decision in Furman v. Georgia declared the nation's death-penalty laws unconstitutional—and was 25 percentage points below the peak of 80% of Americans who said in September 1994 that they supported in the death penalty. In September 2016, a Pew Research Center poll also measured support for the death penalty at the lowest level in 45 years, with 49% of Americans saying they supported the death penalty for persons convicted of murder. The 2017 Gallup results simultaneously reflect a continuing party-based divergence in views on the death penalty and a steep drop among Republicans in support for capital punishment. While 72% of Republicans say they favor the death penalty, as compared to 58% of Independents and 39% of Democrats, death-penalty support among Republicans fell by ten percentage points, from 82% just before the presidential election in October 2016. Death-penalty support has plummeted 26 percentage points among Democrats—a 40% decline—since 2002, when 65% told Gallup they favored capital punishment. Long-term death-penalty support has also declined among respondents identifying themselves as Independents, with respect to whom it has fallen ten percentage points since 2000, when Gallup measured it at 68%. Although support for capital punishment overall has declined significantly this century, 51% of Americans told Gallup that they believe that the death penalty is applied fairly—the same percentage as in 2000. A solid core of 39% believe the death penalty is not imposed enough—down 14 percentage points from May 2005, but roughly equal to the 38% who gave that response when Gallup asked that question in May 2001. The Gallup poll also reported opposition to the death penalty at 41%. The last time Gallup reported higher opposition to the death penalty was 51 years ago, in May 1966, when 47% of respondents said they opposed capital punishment. (Click here for enlarged graph.)

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."

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