The recent sniper shootings in the Washington, D.C., area, as well as the ongoing concern over possible domestic terrorist attacks, raise the question of whether Americans' stance on the death penalty has changed. Actually, survey data suggest recent events have had little effect. Seven in 10 Americans (70%) surveyed Oct. 14-17* said they support the death penalty; statistically similar levels of support were found in surveys conducted last May (72%) and in May 2001 (67%).
Thirty-eight states currently allow capital punishment and the U.S. Supreme Court has repeatedly upheld the death penalty since 1976. In recent years, however, certain justices have questioned whether the death penalty is fairly imposed. Their opinions have likely been influenced to some degree by the introduction of DNA testing, which has brought freedom to a number of death row inmates. Governors in Illinois and Maryland have put moratoriums on executions of those already on death row. However, the moratorium may not prevent Maryland prosecutors from seeking the death penalty in new cases and they have indicated they will do so in the sniper case.
Public opinion on this emotionally charged issue has been highly volatile over the 66 years that Gallup has trended views on this topic. When the question was first asked in 1936, 59% of Americans said they favored the death penalty. The lowest level of support was 42%, recorded in 1966; the highest was 80% recorded in 1994.
While majorities of the U.S. populace have historically leaned in support of the death penalty for murder, support falls dramatically when survey respondents are asked to choose between the death penalty and life imprisonment with no possibility of parole.
In response to a survey conducted in May 2001, four months prior to the Sept. 11 terrorist attacks, 52% said they favored the death penalty for those convicted of murder, while 43% thought life imprisonment with no parole was the better penalty. A survey taken one year later, this past May, produced findings that were exactly the same.
Vengeance Strong Theme
Vengeance has been a strong theme running throughout the responses of those who favor the death penalty for murder. Broad demographics show that such feelings appear to be most pronounced among young white males, infrequent churchgoers and persons with lower levels of education and income. Not infrequently, survey respondents state the Old Testament biblical injunction, "eye for eye; tooth for tooth." Studies have shown that a significant percentage who seek retribution for crimes have worst-case scenarios in mind -- those who commit vicious and totally senseless crimes.
Death penalty supporters often maintain that the death penalty acts as a deterrent to potential murders. But just as many believe the evidence shows otherwise. Supporters also cite the cost of long incarcerations. But opponents of this form of punishment point out that under the present system, murder cases with subsequent appeals can drag on for years, incurring huge legal and court costs.
Some observers feel that the high level of support for the death penalty is a reflection of the public's lack of confidence in the criminal and penal systems in this country, given the current high national recidivism rate among prisoners. In their desperation and frustration, the public clamors for the extreme penalty, with some political leaders, eager for votes, ready to take up the cause.
Those opposed to the death penalty maintain that it is unfairly applied, while still others point to the possibility of innocent persons being executed (although survey evidence shows that many death penalty supporters acknowledge that innocent people are executed). A widely held belief is that even murderers can be rehabilitated and become useful members of society. One prison official whom I interviewed recently said he thought that hard core "incorrigibles" in his maximum security prison accounted for well under 5% of the prison population.
Many effective programs are dedicated to the rehabilitation and transformation of prisoners. For example, Kairos and Prison Fellowship have, through the faith dimension, been the vehicles whereby countless prisoners have been given new life. And one can certainly maintain that 12-step groups should be a part of the life of every prison, since a high percentage of murders and other crimes are committed when the person is under the influence of alcohol or drugs.
The Future?
Attitudes on the death penalty have fluctuated widely in terms of public opinion over the years. What lies ahead is difficult to discern. If prisoner recidivism rates remain high, then the support figure is likely to remain where it presently is, if not climb.
If, on the other hand, the moratorium movement in this country gains momentum and questions about racial bias in use of the death penalty continue, we may see a dip in support.
In looking ahead, one factor to keep in mind is that while adults lean 5-to-4 in favor of the death penalty over life imprisonment with no parole, America's emerging generation, the nation's teen-agers, are 2-to-1 in favor of the latter course of action.
*These results are based on telephone interviews with a randomly selection national sample of 1,002 adults, aged 18 and older, conducted Oct. 14-17, 2002. For results based on this sample, one can say with 95%confidence that the maximum error attributable to sampling and other random effect is ±3%. In addition to sampling error, question wording and practical difficulties in conducting surveys can introduce error or bias into the findings or public opinion polls.
