The Multi-Layered Impact of Public Opinion on Capital Punishment Implementation in the American States

2000 ◽  
Vol 53 (4) ◽  
pp. 771 ◽  
Author(s):  
Barbara Norrander
Author(s):  
Franklin E. Zimring

This chapter discusses two punishments most often mentioned as examples of American national exceptionalism—capital punishment and imprisonment. It examines the available data on state penal power and patterns of these two most prominent issues implicated in discourse about American penal exceptionalism. The chapter shows that, in each setting, there are huge variations among American states. Moreover, in both cases, the study of interstate variation is a useful method of investigating the causes of penal difference. In the case of imprisonment trends over time, there may also be a nearly uniform pattern that reveals much about the influences of culture and public opinion on penal policy.


2020 ◽  
Vol 49 (1) ◽  
pp. 91-105
Author(s):  
Christian Caron

Capital punishment remains legal in most U.S. states even though only a small number of them regularly impose it. I attribute the persistence of death penalty statutes to the existence of direct democracy institutions in about half the states. Applying a longitudinal research design that leverages annual estimates of state death penalty opinion, I show that these institutions strengthen the connection between public opinion and capital punishment’s legality, indicating that they foster policy responsiveness. By extension, because citizens have generally favored capital punishment, I find that direct democracy states are more likely to have the death penalty. I also demonstrate that direct democracy increases the likelihood that policy will be congruent with majority opinion, especially in states where opinion leans strongly in one direction. The representation-enhancing effect of direct democracy, however, does not extend to the punishment’s application, as measured by states’ issuance of death sentences.


1983 ◽  
Vol 29 (1) ◽  
pp. 116-169 ◽  
Author(s):  
Phoebe C. Ellsworth ◽  
Lee Ross

A survey designed to examine the attitudinal and informational bases of people's opinions about the death penalty was administered to 500 Northern California residents (response rate = 96 percent). Of these, 58.8 percent were proponents of capital punishment, 30.8 percent were opponents, and 10.4 percent were undecided. When asked whether they favored mandatory, discretionary, or no death penalty for various crimes, respondents tended to treat these options as points on a scale of strength of belief, with mandatory penalties favored for the most serious crimes, rather than considering the questions of objectivity and fairness that have influenced the United States Supreme Court's considerations of these options. For no crime did a majority favor execution of all those convicted, even when a mandatory penalty was endorsed. Respondents were generally ignorant on factual issues related to the death penalty, and indicated that if their factual beliefs (in deterrence) were incorrect, their attitude would not be influenced. When asked about their reasons for favoring or opposing the death penalty, respondents tended to endorse all reasons consistent with their attitudes, indicating that the attitude does not stem from a set of reasoned beliefs, but may be an undifferenti ated, emotional reflection of one's ideological self-image. Opponents favored due process guarantees more than did Proponents. A majority of respondents said they would need more evidence to convict if a case was capital. Theoretical and legal implications of the results are discussed.


1995 ◽  
Vol 25 (4) ◽  
pp. 91 ◽  
Author(s):  
Matthew E. Wetstein ◽  
Robert B. Albritton

1992 ◽  
Vol 38 (2) ◽  
pp. 272-279 ◽  
Author(s):  
Dennis J. Stevens

Public opinion surveys show that the American public favors capital punishment. This article examines the attitudes of 307 inmates about capital punishment. The respondents, especially the most violent offenders, favored capital punishment for some crimes when applied to others, but not to their own criminal activity. Moreover, they did not see capital punishment as a deterrent and implied that it reinforces their violent perspectives. Incarcerated offenders apparently feel as strongly as other citizens about capital punishment, but perhaps for different reasons. The findings suggest that additional studies be conducted with violent offenders to determine if any punishment can deter violent crime.


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