Facts & Research
Public Opinion
Public opinion polls show that support for the death penalty is currently near historic lows after peaking in 1994 and declining over the last 25 years.
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
DPIC Reports
Dec 16, 2022
DPIC 2022 Year End Report: Commutation of Oregon Death Row Headlines U.S. Death-Penalty Decline in a Year Marred by Botched Executions
The death penalty continued its long-term decline in the U.S. in 2022, as Oregon commuted its death row and new death sentences and public support for the death penalty remained near 50-year lows. But perhaps more dramatically than anything else, …
Public Opinion
Dec 06, 2022
Midterm Elections: Moratorium Supporters, Reform Prosecutors Post Gains Despite Massive Campaign Efforts to Tie Reformers to Surge in Violent Crime
In a year that featured massive campaign advertising attempting to portray legal reformers as responsible for increases in violent crime, candidates committed to criminal legal reform or who promised to continue statewide moratoria on executions p…
Public Opinion
Nov 15, 2022
Polls: Death Penalty Support Remains Near 50-Year Low Despite Record-High Perception that Crime Has Increased
Two national polls have found that support for capital punishment in the United States remains near half-century lows despite record-high perception that local crime has increased. The 2022 Crime Survey by Gallup, adminis…
Public Opinion
Aug 10, 2022
NEW RESOURCES: Capital Punishment and the State of Criminal Justice 2022
The American Bar Association’s Criminal Justice Section has released its annual report, The State of Criminal Justice 2022, examining the state of the American criminal legal system. The annual publication include…
Public Opinion
Jun 16, 2022
Percentage of Americans Who View the Death Penalty as Morally Acceptable Remains Near Record Low
The percentage of Americans who find the death penalty morally acceptable remains near a record low, according to a new poll released by the Gallup organization on June 9, 2022. 55% of respondents to Gallup’s annual Values and Bel…
Public Opinion
May 09, 2022
Poll: Support for Death Penalty in Louisiana Falls By 7 Percentage Points in 4 Years
Support for capital punishment in Louisiana has fallen by seven percentage points in the last four years, according to the 2022 Louisiana Survey by the Reilly Center for Media & Public Affairs at Louisiana State University. “Four …
Mental Illness
Apr 14, 2022
Kentucky Becomes Second State to Bar Imposing Death Penalty on Those Diagnosed as Seriously Mentally Ill
Kentucky has become the second state in the U.S. to bar imposing the death penalty on those diagnosed as seriously mentally ill. On April 8, 2022, Governor Andy Beshear (pictured) signed
Intellectual Disability
Feb 03, 2022
New Poll: Voters Overwhelmingly Oppose Las Vegas DA Seeking the Death Penalty Against Vulnerable and Impaired Persons
Likely voters in Clark County, Nevada overwhelmingly oppose the use of capital punishment against broad categories of vulnerable and impaired persons whom county prosecutors have been trying to execute, a new poll…
Public Opinion
Nov 19, 2021
2021 Gallup Poll: Public Support for Capital Punishment Remains at Half-Century Low
Public support for the death penalty again polled at a half-century low, with opposition remaining at its highest level since May 1966, according to the 2021 Gallup poll on Americans’ attitudes about capital punishment. Fi…
Public Opinion
Nov 08, 2021
New Polls Show Support for Death Penalty Declining in Utah and Oklahoma
New public opinion polls show that, consistent with national trends, support for the death penalty is declining in the conservative strongholds of Utah and Oklahoma. A Deseret News/Hinckley Instit…
