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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.” 


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Supreme Court Declines to Review Arizona Case Challenging Constitutionality of Death Penalty

The U.S. Supreme Court has declined to review a sweeping challenge to the constitutionality of capital punishment brought by Arizona death-row prisoner Abel Hidalgo (pictured). After scheduling consideration of Hidalgo v. Arizona for ten separate court conferences, the Court on March 19 unanimously denied Hidalgo’s petition for writ of certiorari. In a statement issued in conjunction with the Court’s ruling, however, Justice Breyer, joined by Justices Ginsburg, Sotomayor, and Kagan, expressed concern about a second issue raised by Hidalgo—the constitutionality of Arizona’s method of deciding which defendants are eligible for the death penalty. The four justices said that the Arizona Supreme Court had misapplied Supreme Court precedent on that “important Eighth Amendment question,” but believed the factual record was insufficiently developed to warrant the court’s review of the case at this time. Hidalgo had presented records from more than 860 first-degree murder cases over an eleven-year period in Maricopa County—where he was charged—showing that 98% of first-degree murder defendants in that county were eligible for the death penalty, but had been denied an evidentiary hearing to further develop the issue. This “evidence is unrebutted,” the four justices said, and “would seem to deny the constitutional need to ‘genuinely’ narrow the class of death-eligible defendants.” Although “[e]vidence of this kind warrants careful attention and evaluation,” they wrote, the absence of an evidentiary hearing had left the Court with a factual record that “is limited and largely unexamined by experts and the courts below.” With an “opportunity to fully develop a record with the kind of empirical evidence that the petitioner points to here,” the four justices said, “the issue presented in this petition [would] be better suited for certiorari.” The court declined without comment to review a broader challenge Hidalgo presented to the constitutionality of capital punishment itself. Hidalgo is one of many death-row prisoners to raise that issue in the wake of a 2015 dissent by Justices Breyer and Ginsburg in Glossip v. Gross in which they said it is “highly likely that the death penalty violates the Eighth Amendment” prohibition against cruel and unusual punishments.


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