PUBLIC OPINION AND THE DEATH PENALTY (FROM CAPITAL PUNISHMENT IN THE UNITED STATES, 1976, BY HUGO A BEDAU AND CHESTER M PIERCE - SEE NCJ-46351)

• NCJ Number: 46355
• Author(s): N VIDMAR; P ELLSWORTH
• Date Published: 1976
• Length: 27 pages
• Sponsoring Agency: Russell Sage Law and Social Science Program
• Corporate Author: American Orthopsychiatric Assoc, Inc
• Publication Format: Document
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: REPRINT FROM STANFORD LAW REVIEW, V 26, N 6 (JUNE 1974), P 1245-1270

Annotation

THE LITERATURE OF PUBLIC OPINION RESEARCH ON THE DEATH PENALTY WAS REVIEWED IN ANTICIPATION OF PROBABLE SUPREME COURT CONSIDERATION WHEN POST-FURMAN CAPITAL PUNISHMENT STATUTES ARE APPEALED TO THE COURT.

Abstract

IN FURMAN V. GEORGIA 'INFORMED PUBLIC OPINION' WAS CITED BY ALL NINE SUPREME COURT JUSTICES. ACCORDINGLY, A LITERATURE REVIEW WAS CONDUCTED OF BOTH PRE-FURMAN AND POST-FURMAN PUBLIC ATTITUDE SURVEYS. SEVEN AREAS RELEVANT TO THE PENALTY ARE EXAMINED: (1) GENERAL LEVELS OF SUPPORT FOR IT; (2) CRIMES AND CIRCUMSTANCES FOR WHICH IT IS FAVORED; (3) LEVELS OF SUPPORT AMONG VARIOUS SUBPOPULATIONS; (4) REASONS FOR FAVORING IT; (5) ATTITUDINAL CORRELATES TO APPROVAL; (6) KNOWLEDGE ABOUT IT; AND (7) LEVELS OF ATTITUDES TOWARD IT. BEFORE THE FURMAN DECISION, A SIMPLISTIC POPULAR POLLS WERE CONDUCTED, GENERALLY ASKING ONLY 'DO YOU FAVOR THE DEATH PENALTY?' THESE SHOWED DECLINING SUPPORT FROM ABOUT 68 PERCENT IN 1953 (GALLUP POLL) TO 45 PERCENT IN 1965 (GALLUP POLL), IN THE WAKE OF THE FURMAN DECISION TWO POLLS HAVE ASKED ABOUT MANDATORY DEATH PENALTIES. IN A MAY 1973 POLL IN MINNESOTA, 49 PERCENT FAVORED 'AUTOMATIC' CAPITAL PUNISHMENT FOR 'MURDER OF A LAW ENFORCEMENT OFFICER 'AND 59 PERCENT FAVORED IT IN THE CASE OF 'ASSASSINATION OF FEDERAL OFFICIALS.' A JUNE 1973 HARRIS SURVEY WAS THE MOST COMPREHENSIVE, FINDING THAT 59 PERCENT SUPPORTED CAPITAL PUNISHMENT BUT FEWER RESPONDENTS FAVORED MANDATORY DEATH SENTENCES FOR ANY SPECIFIC CRIME. BELIEF IN DETERRENCE IS THE MOST COMMON REASON CITED. HOWEVER, IN THE 1973 HARRIS SURVEY 54 PERCENT SAID THEY WOULD FAVOR RETAINING THE DEATH PENALTY EVEN IF IT WERE PROVED THAT IT HAD NO DETERRENT EFFECT; 40 PERCENT CITED RETRIBUTION AS THEIR REASON. THOSE FAVORING CAPITAL PUNISHMENT IN A FLORIDA STUDY SEEMED TO BE RESPONDING TO FEAR OF RISING CRIME RATES. A LOS ANGELES (CALIF.) STUDY, AND A NATIONAL STUDY BY RESEARCH FOUND THOSE FAVORING CAPITAL PUNISHMENT TENDED TO BE CONSERVATIVE, NATIONALISTIC, RELIGIOUS, AND RACIALLY BIASED. SMALLER SURVEYS HAVE FOUND THAT LAW ENFORCEMENT AND CORRECTIONS PERSONNEL GENERALLY FAVOR THE DEATH PENALTY WHILE MINISTERS, PSYCHOLOGISTS, AND SOCIAL SCIENTISTS OPPOSE IT. IT IS CONCLUDED THAT POLLS CAN PROVIDE USEFUL DATA ON COMMUNITY ATTITUDES, BUT THAT THEIR PROPER USE REQUIRES MORE SOPHISTICATED RESEARCH AND INTERPRETATION THAN HAS BEEN COMMON IN THE PAST. TABULAR DATA AND EXTENSIVE NOTES ARE INCLUDED. (GLR)