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."
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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.)
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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.
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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 study—conducted 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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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.
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