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STUDIES: Death Penalty Adversely Affects Families of Victims and Defendants

The death penalty adversely affects both families of murder victims and families of the accused, according to two recent journal articles. In his Psychology Today blog, Talking About Trauma, psychologist Dr. Robert T. Muller (pictured) reports that psychological studies have have found that the death penalty produces negative effects on families and friends of murder victims (referred to as "co-victims"). One University of Minnesota study found that just 2.5% of co-victims reported achieving closure as a result of capital punishment, while 20.1% said the execution did not help them heal. That may be because, as one co-victim described it, "Healing is a process, not an event.” A 2012 Marquette University Law School study reported that co-victims had improved physical and psychological health and greater satisfaction with the legal system in cases where perpetrators received life sentences, rather than death sentences. The authors of that study said co-victims, "may prefer the finality of a life sentence and the obscurity into which the defendant will quickly fall, to the continued uncertainty and publicity of the death penalty." Lula Redmond, a Florida therapist who works with family members of murder victims, said, "More often than not, families of murder victims do not experience the relief they expected to feel at the execution. Taking a life doesn’t fill that void, but it’s generally not until after the execution that families realize this." A number of co-victims expressed sympathy for family members of the condemned, but the death penalty process also can polarize the families, obstructing healing for both. An article for the University of Michigan Journal of Law Reform by Professor Michael Radelet of the University of Colorado at Boulder describes the retributive effects of the death penalty on the family, friends, and attorneys of death row prisoners. Radelet compares these impacts to the effect of life without parole and argues "that the death penalty’s added punishment over LWOP often punishes the family just as much as the inmate, and after the execution the full brunt of the punishment falls on the family. This added impact disproportionately punishes women and children." These effects on people other than the inmate, he writes, "undermine the principle that the criminal justice system punishes only the guilty and never the innocent. The death penalty affects everyone who knows, cares for, or works with the death row inmate."


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New Poll Finds "Strong Majority" of Floridians Prefer Life Without Parole Over Death Penalty

A recent poll by researcher Craig Haney, a Professor of Psychology at the University of California - Santa Cruz, has found that a "strong majority" of Florida respondents prefer life without parole to the death penalty for people convicted of murder, even as many harbor continuing misconceptions about capital punishment that would predispose them to support the death penalty. In Haney's survey of more than 500 jury-eligible respondents who were asked to choose between Florida's statutorily available sentencing options, 57% chose life without parole, while 43% chose the death penalty, as the appropriate punishment for a person convicted of murder. The preference for life held true, Haney said, across racial groups, genders, educational levels, and religious affiliation. The Florida results are consistent with recent polls in other death penalty states, such as Kentucky and Oklahoma. Dr. Haney found that Floridians held two common misconceptions about the death penalty that affected their views on the issue: 68.9% mistakenly believed that the death penalty was cheaper than life without parole, and 40.2% mistakenly believed that people sentenced to life without parole would be released from prison. Haney said "support for the death penalty plummeted" to 29% if the life sentencing option was combined with a requirement that these prisoners be required to pay restitution to victims' families. In addition, when Floridians were given the option of diverting the $1 million per case currently spent on the death penalty to investigate unsolved rapes and murders, only one quarter still supported capital punishment. Dr. Haney's research also found that a majority of Floridians oppose the death penalty for defendants with serious mental illness, do not believe the death penalty is a deterrent, and agree that most religious opinion opposes capital punishment. Haney said asking people simply if they support the death penalty is inadequate because "[t]hat question offers a limited and often flawed snapshot of voter attitudes, capturing only abstract support or opposition, but failing to expose strong preferences and deeper pragmatic thinking."


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NEW VOICES: Former Utah Prosecutor Urges Death Penalty Repeal

Creighton Horton spent 30 years as a prosecutor with the Salt Lake District Attorney's Office and Utah Attorney General's Office before retiring in 2009. In a recent op-ed, he said his experience handling capital cases led him to believe Utah should abolish the death penalty. Horton noted the negative impact the death penalty can have on victims' families. "If a capital case goes to trial and the jury returns a verdict of death, that pronouncement is probably the last satisfaction the victim's family will get for years, if not decades," he said. "From that point on, the delays and uncertainties of the death penalty appeals process are likely to take a terrible toll, keeping the wound open and denying the victim's family any closure." He said a life without parole sentence for the perpetrator was often the best outcome for the families of victims: "When that happens, the murderers go to prison and, for the most part, no one hears about them again — and the victims' families are able to move on with their lives." He also raised concerns about wrongful convictions, stating, "No system of justice is perfect, and so it's possible that an innocent person could be convicted of capital murder, and wrongly executed." The Utah legislature is considering a bill to repeal the death penalty for future offenses. The bill passed the Utah Senate, and is likely to face a vote in the House on March 10.


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