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.     

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.     

Dilemmas in administering the death penalty

This article critiques ethical arguments against conducting forensic evaluations of capital defendants or condemned prisoners and against treating prisoners found incompetent for execution, and considers the impact of widespread professional abstention on the legal system. It concludes that arguments for abstention by forensic evaluators are grounded mainly in personal moral scruples against capital punishment, rather than in tenets of professional ethics, but that abstention would be ethically required if the evaluator's scruples preclude objectivity. It also concludes that treatment of incompetent prisoners known to want treatment is ethically permissible but that treatment for the sole purpose of readying the prisoner for execution is not.Editor's note: Adversary Forum is edited by Gary B. Melton. Stan Brodsky was asked to respond to Professor Bonnie's article, and Professor Bonnie was given an opportunity to reply.This article is based on a paper presented as the Keynote Address to the Annual Meeting of the     

A Comparison of uninformed and informed death penalty opinions: A replication and expansion

This study examines the influence on death penalty opinions of participating in a college class on the death penalty. Students in the class (the experimental group) and in another class offered at the same time (the control group) were asked to complete a questionnaire regarding their attitudes toward capital punishment at the beginning and at the end of the semester. They were also asked factual questions that measured their knowledge about capital punishment. Overall, the results of the study suggest that both groups were not well informed during the pretest measure. However, at the end of the semester, the group enrolled in the death penalty class were more knowledgable, less supportive of the death penalty based on general/absrtact questions, and more likely to favor alternatives to capital punishment than were the students in the control group.     

Behavioral science and the juvenile death penalty

Behavioral science data included in an amicus brief has been introduced into a recent Supreme Court decision (Thompson v. Oklahoma) involving the juvenile death penalty. However, a close examination of the data fails to provide support for either the pro- or antijuvenile death penalty position.     

Public attitudes towards the death penalty

Responses to a general question regarding the use of the death penalty were compared with the sentences that respondents chose in a set of scenarios describing homicide cases. The percentage of respondents who assigned the death sentence in one or more of the following scenarios was higher than those who favored the death penalty in the abstract question, but there were inconsistencies in the answers. A majority assigned the death penalty only for the most heinous offender described, and the figures were lower for other crimes, even clear cases of first degree murder. At the same time, a manipulation involving information about methods of execution did not affect answers. These results strongly suggest that the abstract questions typically used in public opinion polls do not accurately reflect the public's feelings about use of the death penalty in specific cases. More generally, research on public opinion regarding criminal justice policies should survey a variety of specific circumstances.     

论死刑的程序控制

死刑作为剥夺生命的刑罚,是所有刑罚手段中最严厉的一种。虽说人们对死刑应保留还是应废除尚有争议,但是,对死刑应予以控制,应慎重使用死刑,并尽可能地减少适用死刑,却是普遍被肯定的基本共识。而就控制死刑的方法来说,主要有两种,即刑事实体法的控制与刑事程序法的控制。所谓通过刑事实体法对死刑予以控制的方法,即以修改刑法规定的方式,如刑法减少可适用死刑的犯罪的种类,或对适用死刑增加各种各样的限制条件等,以达到慎用、少用死刑的目的。对死刑的刑事实体法的控制,是人们一直重视的控制方法,这种方法的控制效果也比较容易显现。例如,我国《刑法》经过(1997年)修改后,取消了     

The juvenile death penalty and the Eighth Amendment

The present study investigated the Eighth Amendment tests of societal consensus and proportionality as applied to juvenile death penalties. A sample of former jurors (N=179) voted on whether to execute the defendant in a hypothetical case. Defendant's age (10, 15, 16, or 19) and level of remorse were varied. A large percentage of participants voted to execute the defendant in each condition, but the defendant's age and the participant's attitude toward juvenile culpability significantly predicted the likelihood of execution. Implications for the constitutionality of the juvenile death penalty and future research directions are discussed.     

Forensic DNA evidence and the death penalty in the Philippines

The death penalty remains a contentious issue even though it has been abolished in countries such as Australia, New Zealand, Canada, European Union member nations and some Asian countries such as Cambodia, East Timor and Nepal. Many argue that the irrevocability of the death penalty, in the face of potential erroneous convictions, can never justify its imposition. The Philippines, the first Asian country that abolished the death penalty in 1987, held the record for the most number of mandatory death offenses (30 offenses) and death eligible offenses (22 offenses) after it was re-imposed in 1994. Majority of death penalty convictions were decided based on testimonial evidence. While such cases undergo automatic review by the Supreme Court, the appellate process in the Philippines is not structured to accept post-conviction evidence, including DNA evidence.Because of the compelling nature of post-conviction DNA evidence in overturning death penalty convictions in the United States, different groups advocated its use in the Philippines. In one such case, People v Reynaldo de Villa, the defendant was charged with raping his 13-year-old niece that supposedly led to birth of a female child, a situation commonly known as ‘criminal paternity’. This paper reports the results of the first post-conviction DNA test using 16 Short Tandem Repeat (STR) DNA markers in a criminal paternity case (People v Reynaldo de Villa) and discusses the implications of these results in the Philippine criminal justice system.     

The death penalty and the right to life

On the first anniversary of the killing of Osama Bin Laden, some reflection on the phenomenon of state-sponsored execution in an enlightened, civilised world seems appropriate. While this subject has an obvious international character, it also possesses some intriguing Irish and Northern Irish dimensions. In a wide ranging treatise, I examine how the rule of law has dealt with the death penalty at both the national and international levels, highlighting in particular the important influence of national constitutional laws in this sphere. I examine also the influence of the universally acknowledged right to life and the requirement of due process.     

A note on taking account of the automatic death penalty jurors

The California Supreme Court'sHovey opinion identified a separate group of “automatic death penalty” (ADP) persons whose exclusion had been overlooked in previous studies of death qualification. Using data unavailable at the timeHovey was decided, this brief article estimates the effect of excluding this group on the attitudinal skewing and conviction-proneness of death-qualified jurors. It concludes that the impact of excluding the ADPs is negligible.     

A deterrence study of the death penalty in Illinois, 1933–1980

The study analyzes the effect of executions and the death penalty on homicides in Illinois. A forty-eight year time series (1933–1980 inclusive) is used as the basis for this analysis. The first series of results are presented in a graph of executions and homicides by year. A second portion of the analysis compares the mean homicide rates for three time periods—years with executions, years when the death penalty was allowed but no executions were performed, and years in which the death penalty was abolished by the U.S. Supreme Court. No notable differences in homicide rates were observed for these three eras. Finally, a regression analysis was performed which included a lag structure and several relevant controls. The deterrence measure (executions) made no contribution to the variation in homicide rates. Thus, the authors conclude that there is no deterrent effect for the death penalty on homicides in Illinois.     

Race and the death penalty in Kentucky murder trials: 1976–1991

This study re-examines the effect of race of the victim on the probability that an accused murderer is charged with a capital crime and sentenced to death in Kentucky. It adds over five years of data to our original study. The results show that Blacks accused of killing Whites had a higher than average probability of being charged with a capital crime (by the prosecutor) and sentenced to die (by the jury) than other homicide offenders. This finding remains after taking into account the effects of differences in the heinousness of the murder, prior criminal record, the personal relationship between the victim and the offender, and the probability that the accused will not stand trial for a capital offense. Kentucky’s “guided discretion” system of capital sentencing has failed to eliminate race as a factor in this process. An earlier version of this article was presented at the “Variations in Capital Punishment” panel, Academy of Criminal Justice Sciences, Chicago, IL. This paper is based upon a report that was developed in response to Kentucky Senate Bill 8 —Bias Related Crime Reporting passed by the 1992 Kentucky General Assembly. The authors wish to express their appreciation to the following persons who assisted in the development of this report: Fonda Butler of the Kentucky Justice Cabinet, Dale Helton of the Kentucky Department of Public Advocacy, Kathy Black-Dennis, Colleen E. Williams, and Bill Clark of the Kentucky Department of Corrections, and James Oakes, Greg Bucholtz, and Jeanne M. Fenn, our graduate research associates at the University of Louisville.