Moving beyond Ford,Atkins, and Roper: jurors' attitudes toward the execution of the elderly and the physically disabled

Abstract

The central purpose of the current study is to correlate level of support for the death penalty, death-qualification status, attitudes toward the death penalty (ATDP), legal authoritarianism (RLAQ (Revised Legal Attitudes Questionnaire)), and demographic indices with attitudes toward the execution of the elderly and the physically disabled. Two hundred and fifty residents of the 12th Judicial Circuit in Florida completed a booklet that contained the following: (1) one question that measured their level of support for the death penalty; (2) one question that categorized their death-qualification status; (3) the ATDP; (4) the RLAQ; (5) 20 questions that measured participants' attitudes toward the execution of the elderly and the physically disabled (EEPD); and (6) standard demographic questions. Results indicated that level of support for the death penalty, death-qualification status, attitudes toward the death penalty, legal authoritarianism, and demographic indices were significantly related to four components of the EEPD. Legal implications and applications are discussed.     

The nexus between attribution theory and racial attitudes: a test of racial attribution and public opinion of capital punishment

Research has shown that attribution theory and racial attitudes are among the most consistent attitudinal predictors of capital punishment opinion. This study explores the overlap of these two constructs, racial attribution, and its ability to account for support and opposition to the death penalty. Using data from the 1972–2016 cumulative data file of the General Social Survey, three logistic regression models were used to analyze the effect of internal and external racial attribution on capital punishment opinions for (a) the aggregate sample, (b) White respondents only, and (c) Black respondents only. Respondents were asked whether racial inequalities were due to structural disadvantages or personal deficiencies of Black Americans. Findings showed that respondents in all three models were more likely to support the death penalty when they attributed racial inequalities to personal deficiencies of Blacks and less likely to support the death penalty when they endorsed structural disadvantages, although the effects were somewhat muted for Black respondents. These findings suggest that ongoing public support for capital punishment in the United States is based at least in part on a fundamental attribution error in which Whites and some Blacks alike blame Blacks for their own deprivation.     

Confidence in the death penalty and support for its use: Exploring the value-expressive dimension of death penalty attitudes

Recent media and political attention has raised public awareness of a number of issues surrounding the death penalty. Questions regarding innocence, fair trials, and equitable access to counsel and the appellate process are ubiquitous in coverage of the death penalty. Adequate information about public attitudes toward the death penalty in light of these issues is currently lacking. In 2002, as part of the annual Texas Crime Poll, questions were asked about confidence in the administration of the death penalty, support for the death penalty, and support for a moratorium. The results indicate that, although a majority of respondents support the death penalty, a substantial proportion lack confidence in its use and support a moratorium on executions. Of those lacking confidence and those supporting a moratorium, strong majorities maintain support for the death penalty (68% and 73%, respectively). These findings suggest that death penalty attitudes may be largely value expressive.     

An Examination of Social-Psychological Factors and Support for the Death Penalty: Attribution, Moral Disengagement, and the Value-Expressive Function of Attitudes

This study examines the social-psychological factors of attributional styles, moral disengagement, and the value-expressive function of attitudes in relation to death penalty support and the robustness of that support. Respondents were first asked whether or not they supported the death penalty and were then presented several paragraphs of information exposing flaws or failures in the death penalty and asked how compelling they found the information and whether it impacted their death penalty attitudes. Results suggest that attributional style has little if any effect on death penalty support and that only a few aspects of moral disengagement seem to play a role. Value-expressiveness, on the other hand, appears to play a critical role in death penalty attitudes and support. Our findings suggest that when support is based on value-expressive foundations, it is more robust and unlikely to wane regardless of information or knowledge indicating problems with the death penalty.     

A New Look at the Gender Gap in Offending

Studies of public support for capital punishment have consistently observed a strong and enduring gender gap in the level of death penalty support, with males consistently more inclined than females to support capital punishment. This unexplained relationship has endured over time and space as well as across a myriad of research designs. The present study uses attribution theory in a factorial survey design to account for this relationship. Analyses of data obtained from jurors provide mixed support for attribution theory yet fails to bridge the gender gap in death penalty support. The implications of these findings as they relate to gender, socialization, and attributions are discussed.     

Assessing the instrumental and symbolic elements in attitudes toward the death penalty using a sample of Puerto Rican students

Theoretical explanations for the support or opposition to the death penalty have often been dichotomized into the instrumental and the symbolic perspectives. The instrumental perspective sees support for the death penalty as utilitarian, that it is a means to a desired end, which is often to lower crime rates. The symbolic perspective sees support for the death penalty as emanating from individuals’ political and social ideologies, no matter its utilitarian value. Both perspectives have often been examined individually, and seldom juxtaposed as competing explanations in a singular model. This paper examines both perspectives in a singular model, using a sample of Puerto Rican students.     

Reflections of an octogenarian on criminal law and criminology

The U.S. Supreme Court has declared that capital punishment is not unconstitutional per se, in part because the high degree of public support for the death penalty indicates that the American public does not consider it to be cruel and unusual punishment. According to the Court, the public's desire for retribution is an appropriate basis for determining that the death penalty is an acceptable criminal sanction. This paper examines the degree of public support for the death penalty and the basis for that support. It also explores the differences between retribution as just deserts and retribution as revenge, and concludes by asking whether a public desire for revenge is an appropriate, enlightened basis for our capital punishment policy.     

An examination of the role of neuropsychological deficits in mentally disordered sex offenders

Abstract

The present study examines the neuropsychological model of sexual offending proposed by Flor-Henry (1987) in relation to a group of mentally disordered sex offenders and a control group of mentally disordered non-sex offenders. The model predicts that the sex offender group would show specific left fronto-temporal dysfunction as compared with the control group. The results, while in the predicted direction, failed to reach statistical significance. Implications and limitations of the study are discussed.     

Applying Moral Foundations Theory to the Explanation of Capital Jurors’ Sentencing Decisions

Abstract

This study applies moral foundations theory to capital juror decision making. We hypothesized that binding moral foundations would predict death qualification and punitive sentencing decisions, whereas individualizing moral foundations would be associated with juror disqualification and a leniency effect. Additionally, we considered whether moral foundations can explain differences in death penalty application between conservatives and liberals. Respondents from two independent samples participated in a mock-juror task in which the circumstances of a hypothetical defendant’s case varied. Results revealed moral foundations were strong predictors of death qualification. The binding and individualizing foundations were related to sentencing decisions in the expected ways. Supporting our contention that moral foundations operate differently across different types of cases, heterogeneity in the effects of moral foundations was observed. Finally, we found support for the hypothesis that the relationship between sentencing decisions and conservatism would be attenuated by moral foundations.     

The social construction of criminal responsibility and insanity

This study examines the effects of judicial instructions (traditional American Law Institute [ALI] not guilty by reason of insanity [NGRI] instructions contrasted with ALI instructions supplemented with the guilty but mentally ill [GBMI] alternative) and case information cues (delusional content and planfulness) on student and community subjects' attributions of responsibility. GBMI instructions substantially reduced the probability of NGRI and guilty verdicts in response to vignettes portraying highly psychotic defendants and altered the pattern of variability in responsibility construal ratings. Variation in delusional content cues (self-defense versus non-self-defense) influenced ratings of criminal appreciation but did not affect the verdict distributions. Less planfully commited crimes resulted in higher proportions of insanity verdicts. However, individual differences in responsibility construals of the defendant and in attitudes toward the insanity defense were stronger predictors of verdicts than the design variables, suggesting that individual differences in social-moral cognition are at least as relevant to the attribution of responsibility as are case cues or legal frames of reference. Contrary to previous studies,Witherspoon death penalty attitudes were not related to verdicts, but people without conscientious scruples toward the death penalty were more likely to render guilty verdicts.     

The enduring racial divide in death penalty support

One of the more enduring observations in the study of death penalty support within the United States is the strong divide between Whites and Blacks. Whites show significantly higher levels of support for capital punishment than Blacks. This divide between Whites and Blacks appeared in all surveys, over time, and across a variety of methodological designs. Using data from three separate studies (two local surveys of venirepersons and the NORC-General Social Surveys), this study attempted to understand the basis for this divide. It examined racial differences in socioeconomic status, religion/religiosity, political ideology, positions on right-to-life and other social issues, fear of crime and victimization experience, experience with the criminal justice system, philosophies of punishment, and attribution styles. The findings revealed that the effect of race/ethnicity on capital punishment support continued to hold while controlling for the effects of nearly all of these “explanations.”     

Integrating risk,the Good Lives Model and recovery for mentally disordered sexual offenders

Abstract

Personality disordered and mentally disordered sexual offenders (MDSOs) with complex diagnoses such as schizophrenia, developmental disorders and mood disorders face challenges of restoring their mental health, living more safely with personality- and offence-related risks, while addressing concerns about their capacity to reintegrate into society; this has been termed “secure recovery”. This paper reviews the literature on recovery, demonstrating its commonality with the Good Lives Model (GLM) as applied to MDSOs' offending treatment. GLM appears to provide a better fit with the recovery needs of MDSOs than the Risk–Need–Responsivity model because it emphasises approach goals, enhanced responsivity and skills acquisition. Recovery needs to integrate coping with mental disorders with risk management and a healthy, future lifestyle. Both secure recovery and GLM support the need for client–clinician collaboration, promoting self-determination and a shared narrative about coping with enduring risk and the hope of sustained well-being.     

The gender gap in death penalty support: An exploratory study

One of the more enduring observations in the study of death penalty support within the United States is the strong divide between males and females. Men have consistently shown significantly higher levels of support for capital punishment than women. This divide between males and females has appeared in nearly every survey, over time, and across a variety of methodological designs. Using data from the cumulative (1972-2002) data file for the National Opinion Research Center (NORC) General Social Surveys, this study attempted to understand the basis for this gender gap. It examined gender differences in socioeconomic status, gender inequality, gender socialization, religion/religiosity, political ideology, positions on right-to-life and other social issues, fear of crime and victimization experience, experience with the criminal justice system, philosophies of punishment, and attribution styles. The findings revealed that the effect of gender on capital punishment support continued to be robust despite controlling for the effects of all of these explanations.     

the death penalty: An American history

Stuart Banner's thoughtful book, The Death Penalty: An American History (2002), serves as the basis of this review essay which explores the forces shaping the nation's experiences with capital punishment. The essay traces Banner's account of important death penalty developments throughout American history and examines justifications traditionally offered in support of capital punishment, issues of administration, and execution protocols. It concludes by projecting that, consistent with historical trends and nagged by serious and recurring administrative problems, the death penalty in America will in due course become a thing of the past.     

Distrust of Government, the Vigilante Tradition, and Support for Capital Punishment

This study probes the interconnections among distrust of government, the historical context, and public support for the death penalty in the United States with survey data for area-identified samples of white and black respondents. Multilevel statistical analyses indicate contrary effects of government distrust on support for the death penalty for blacks and whites, fostering death penalty support among whites and diminishing it among blacks. In addition, we find that the presence of a "vigilante tradition," as indicated by a history of lynching, promotes death penalty support among whites but not blacks. Finally, contrary to Zimring's argument in The Contradictions of Capital Punishment , we find no evidence that vigilantism moderates the influence of government distrust on support for the death penalty, for either whites or blacks. Our analyses highlight the continuing influence of historical context as well as contemporary conditions in the formation of public attitudes toward criminal punishment, and they underscore the importance of attending to racial differences in the analysis of punitive attitudes.     

“Knowledge and Death Penalty Opinion: The Marshall Hypotheses Revisited.”

This study tests the three hypotheses derived from the written opinion of Justice Thurgood Marshall in Furman v Georgia in 1972. Subjects completed questionnaires at the beginning and the end of the fall a semester. Experimental group subjects were enrolled in a death penalty class, while control group subjects were enrolled in another criminal justice class. The death penalty class was the experimental stimulus. Findings provided strong support for the first and third hypotheses, i.e., subjects were generally lacking in death penalty knowledge before the experimental stimulus, and death penalty proponents who scored “high” on a retribution index did not change their death penalty opinions despite exposure to death penalty knowledge. Marshall’s second hypothesis--that death penalty knowledge and death penalty support were inversely related--was not supported by the data. Two unexpected findings were that death penalty proponents who scored “low” on a retribution index also did not change their death penalty opinions after becoming more informed about the subject, and that death penalty knowledge did not alter subjects’ initial retributive positions. Suggestions for future research are provided.     

Criminal law and mentally ill offenders in comparative perspective

Abstract

In this stick we compare legal arrangements dealing with mentally disordered offenders in the criminal law systems ct Belgium, Canada, Germany, the Netherlands, Norway, Sweden, and the United Kingdom. To describe relevant diffesenoes and similarities in the arrangemeats, we used a checklist containing antral aspects of adjudication, assessment and treatment of mentally ill offenders. These aspects concern: (1) the legal classifications of mental illnesses that can lead to exclusion of criminal responsibility: (2) the acceptance of diminished capacity as a partial excuse; (3) the possibilities for imposing security measures of compulsory treatment instead of or next to criminal punishment; (4) the conditions for their imposition in terms of seriousness of crimes committed and dangerousness of offenders; (5) the available hospitals or special clinics for executing security measures; (6) the role and task of forensic mental health professionals in assessing the offender's state of mind and in advising compulsory treatment; (7) the rules for duration, prolongation and termination of the measures. The findings of this comparative analysis are evaluated in light of legal protection for mentally disordered offenders.     

Experience Versus Expectation: Economic Insecurity,the Great Recession,and Support for the Death Penalty

Scholars have theorized that people who report past economic hardship and those who forecast future economic instability will be more likely to support punitive criminal justice policies than those who do not. Only recently have researchers begun to empirically examine this association, and the findings from this small literature have been highly inconsistent. The current study contributes to this line of inquiry by investigating a uniquely rich set of economic insecurity measures included in a very large national survey (N = 9,060) fielded during a time period of special theoretical salience: the Great Recession of 2007–2009. Specifically, using survey data from the Cooperative Campaign Analysis Project, we explore the effects of experienced and expected personal, vicarious, and societal economic insecurity on support for the death penalty. Contrary to the hypotheses, expectations of future economic insecurity are negatively associated with death penalty support, but this relationship is conditional on respondents’ demographics.     

Reasons for South Korean attitudes towards the death penalty: exploring the nexus between strong public support and history of misapplication

As of this writing, South Korea (officially, the Republic of Korea) is an abolitionist-in-practice nation; capital punishment is legal, but no death sentences have been carried out since a moratorium was enacted in 1997. Public support for the death penalty has decreased over time; however, the factors that determine support for or opposition to the death penalty of the South Korean general public are largely unknown. Using survey data from a nationwide sample of 416 respondents, this study examined the potential predictors for public attitudes towards capital punishment support. A majority of survey respondents (83%) supported the death penalty, a higher percentage than recent surveys of the South Korean general public. The deterrence and retribution perspectives were positively related to death penalty support, while crime severity, neighbourhood safety, the brutalisation effect, and innocence were negatively related. This study provides the first multivariate analysis of factors associated with South Korean attitudes towards the death penalty.     

Book Reviews

In this article the author explores the gender‐bias question with respect to the female death penalty debate in the English‐Speaking Caribbean nation of Trinidad and Tobago by presenting a case study of Indravani Pamela Ramjattan. The British Privy Council recently remanded her case to the Trinidad Court of Appeal. A decision in her favor could set a regional precedent which would, for the time, allow women in the English‐Speaking Caribbean to present evidence akin to Battered Spouse Syndrome. Of the almost twenty nations of the English‐Speaking Caribbean, Trinidad and Tobago is the only nation to have any women on death row. Ms. Ramjattan was convicted for the murder of her husband. Her case gained international attention and support from women's groups who speak out on behalf of battered women. Although there is popular support, in general, throughout the Caribbean for the imposition of the death penalty, public sentiment in Trinidad and Tobago regarding the hanging of a female may prove to be very unpopular for the present government of Basedo Panday.