Essay: Understanding public opinion of the death penalty in the USA (use opinion polls and empirical data)
Written by Emily Clinton and Flynn Mitchell
Public opinion of the Death Penalty in the US has undergone significant shifts. The history of the death penalty goes back nearly 4,000 years, with the first recorded death sentence carried out in 1608 in the Colony of Virginia, and it is only relatively recently that its use has been curtailed. In Furman v. Georgia 1972, the US Supreme Court ruled that the death penalty violated the Eighth Amendment prohibition of “cruel and unusual.” This decision effectively placed a moratorium on the death penalty, but left room for the possibility of its reinstatement if its inequities were corrected. Instead of abandoning capital punishment, 37 states enacted new death penalty statutes to address the concerns raised in Furman. In Gregg v. Georgia 1976, the Court held that the death penalty could be constitutionally applied under all circumstances, paving the way for its reinstatement in 1977. Throughout the 20th century, support for the death penalty remained high. According to Gallup polls, support reached a high of 80% in 1994, however this fell to 55% in 2020. This shift in attitudes reflects evolving perspectives on justice, morality, and the efficacy of punitive measures. However, despite diminishing belief in the fairness of the death penalty, it remains the majority opinion in the United States and this disparity is shaped by a multitude of factors.
A growing distrust towards the death penalty
US public opinion regarding the death penalty is significantly influenced by the nature of crime committed. While strong support endures for cases involving particularly egregious offenses like murder or rape, it tends to decrease for lesser offences or those complicated by mitigating factors such as mental illness or youthfulness. A broad majority, 6 in 10 American adults, express favour for the death penalty in cases of convicted murderers, and an overwhelming 9 in 10 of those supporting it deem it morally justified in the face of extreme criminal acts. This is underscored by the 53% who support its application in rape cases and the 63% in child sexual abuse cases. However, the support diminishes when considering its suitability for other less extreme offences such as treason (46%), armed robbery (33%), aggravated assault (32%), selling illegal drugs (29%), or having an abortion (19%). This more nuanced approach reflects a growing recognition of the complexities surrounding capital punishment.
Furthermore, because of a deeper understanding of the system, there has been a large shift towards favouring life imprisonment over a death sentence. In Gallup's latest survey, when asked to choose between life imprisonment without parole and the death penalty, 60% of respondents opted for life imprisonment, up from 45% in 2014. This trend reflects an enhanced recognition of the inherent cruelty, bias and irreversibility associated with the death penalty. A significant proportion of Americans now acknowledge the disproportionate sentencing of Black individuals to death for comparable crimes, highlighting systemic disparities within the legal system. The perception of racial disparities is striking, with 56% of Americans believing that Black people are more likely than White people to receive the death penalty. Also, there's a growing scepticism regarding the deterrent efficacy of the death penalty, with 65% of Americans expressing doubts. However, despite these concerns, support for the death penalty persists and remains the majority. This can be attributed to longstanding cultural attitudes. Conservative ideologies that advocate for tough-on-crime policies continue to shape public opinion, particularly in the Southern states, and this contributes to the larger proportion of support for the death penalty.
As previously indicated, US public opinion of the death penalty is intricately tied to state dynamics. Across the country, state laws and policies regarding the death penalty vary significantly, with 27 states authorising it and 23 states prohibiting it. Notably, changes in public opinion have precipitated changes in state laws. Partisan differences are evident as this willingness cannot be said to be heavily present in Republican-controlled states. A substantial 62% of Republicans express the view that the death penalty is not imposed often enough, contrasting sharply with the 52% of Democrats who believe that the death penalty is imposed too often. Support for the death penalty among White evangelical Protestants remains robust, standing at 75%, a trend mirrored by the significant Protestant populations in Republican strongholds like Alabama and Mississippi.
Understanding public opinion of the death penalty in the US reveals a complex interplay of cultural values, evolving perceptions of justice, and systemic biases within the legal system. While persistent cultural attitudes and ideological divides continue to bolster support for the death penalty, there has been a notable shift towards favouring life imprisonment over capital punishment, and there is clearly a will to abolish the death penalty.
A will to abolish the Death Penalty?
This steady shift in public sentiment regarding curtailing the use of the death penalty has been reflected in increased support for politicians choosing to limit its use or abolish it both at the state and federal level. As such, the discussion of abolishing capital punishment has lost its stigma and there has been an increased appetite for abolishment. Therefore, the question of whether there is currently a will to abolish the death penalty in the U.S. has been most clearly demonstrated in political expressions and decisions made by both Democratic and Republican officials throughout the U.S., including both at the State and Federal level.
Recently, there has been increased public support for limit the use of or fully abolishing the death penalty as public support for the death penalty has stagnated, after a substantial decline in support from the late 1990s and the 2010s. The segment of the U.S. electorate most likely to support limiting the use of or abolishing the death penalty are individuals who on average are younger; less religious; have a higher level of educational attainment; and tend to support the Democratic party.
Furthermore, a growing public dissatisfaction with the death penalty has translated to a greater will amongst politicians at the state and federal level to limit the use of or abolish the death penalty. This shift began in the late 1990s, as crime became less of a winning political issue to tout by both Democratic and Republican politicians, demonstrated by it barely being raised in presidential campaigns since the 2000 General Election where George W. Bush faced Al Gore. Since that election, the death penalty has ceased to be an important political issue worthy of significant campaign attention. The political pivot to phasing out use of the death penalty includes governors imposing moratoriums and dismantling execution facilities, as well as state legislatures outright abolishing capital punishment. This trend has occurred in more Democratic controlled legislatures and executive offices, such as California and Oregon. Additionally, the death penalty has been fully abolished in states with long held traditions of using it such as Virginia, which in 2021 abolished the death penalty, pushed through by Democrats in the state legislature and signed by former Democratic Governor Ralph Northam, without support from Republican lawmakers. Regarding Republican led efforts to lessen the use of or abolish the death penalty, there has been progress made in several Republican controlled states. For instance, in the overwhelmingly Republican controlled state legislature of Kentucky, two bills have been introduced in the House and Senate by Republican legislators, supported by Democrats, who wish to fully abolish the death penalty and replace it with life imprisonment without parole. This bipartisan support for abolishing the death penalty is promising and signals a continued shift in political support for outlawing capital punishment in more and more states.
However, at the federal level, the use of capital punishment increased during the Trump administration, as 13 people were executed during his presidency. This is more people than the last 10 presidents before him combined had executed. Nevertheless, this seems to have been a blip in the overall trajectory of less use of the death penalty, and there has been another reversal under President Biden who has imposed a moratorium on federal executions and has tasked Attorney General Merick Garland with investigating capital punishment protocols and procedures.
UNC Chapel Hill Professor Frank Baumgartner contends that the will to abolish the death penalty is at its strongest than it has been since the 1960s. He argues that because of many uncontrolled factors including race, gender, and geography, the efficacy of the death penalty is dubious and overall calls it a failed experiment. Accordingly, Baumgartner urges the Biden administration to commute the death sentences of those on federal death row as this is a prime opportunity while public support for the death penalty is low, to ensure that the president's successor, whether elected in the next election cycle or later, cannot undo this and execute individuals. Biden campaigned in 2020 on an explicit promise to abolish the death penalty but has made little progress in achieving this goal.
Overall, since 2000, support for the death penalty has declined to an all time low, albeit with a majority of the electorate still supporting its use depending on the heinousness of the crime. This increased public will to reform the death penalty has led to more bipartisan efforts by politicians to limit the use of or abolish capital punishment and reduce punishment to life imprisonment without parole. Progress is not linear and there have been efforts to derail the momentum behind abolishment, but over the last two decades, the aggregate mood has tilted more towards declining support and less use of the death penalty, as well as increased abolishment.
References :
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