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

• NCJ Number: 46357
• Author(s): A SARAT; N VIDMAR
• Date Published: 1976
• Length: 34 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 WISCONSIN LAW REVIEW, N 1 (1976)

Annotation

A SURVEY WAS CONDUCTED TO TEST THE MARSHALL HYPOTHESIS, SET FORTH IN HIS OPINION IN THE U.S. SUPREME COURT CASE FURMAN V. GEORGIA, THAT IF PEOPLE WERE INFORMED ABOUT THE DEATH PENALTY, THEY WOULD FIND IT UNJUST AND REJECT IT.

Abstract

IN HIS OPINION, JUSTICE MARSHALL EXPRESSED SERIOUS RESERVATIONS ABOUT PUBLIC OPINION SURVEYS FAVORING CAPITAL PUNISHMENT WHICH WERE CITED BY OTHER JUSTICES. HE SUGGESTED THAT THE PUBLIC, IF FULLY INFORMED ABOUT THE DEATH PENALTY, WOULD REJECT IT. TO TEST THIS HYPOTHESIS, A THREE-STEP SURVEY WAS CONDUCTED AMONG 200 ADULTS IN AMHERST, MASS. THE FIRST STEP WAS THE ADMINISTRATION OF A QUESTIONNAIRE MEASURING ATTITUDES TOWARDS CAPITAL PUNISHMENT AND TOWARD VARIOUS JUSTIFICATIONS FOR IT. THREE OF THE QUESTIONS MEASURED DESIRE FOR RETRIBUTION, A JUSTIFICATION WHICH THE JUSTICE HELD TO BE UNCONSTITUTIONAL THOUGH OTHER JUSTICES DISAGREED. THE SECOND STEP INVOLVED GIVING THE RESPONDENTS AN ESSAY ON 'UTILITARIAN' ASPECTS OF CAPITAL PUNISHMENT (E.G., DATA ON RECIDIVISM RATES AMONG RELEASED MURDERERS), A 'HUMANITARIAN' ESSAY DISCUSSING THE WAY CAPITAL PUNISHMENT HAS TYPICALLY BEEN APPLIED, BOTH ESSAYS, OR A CONTROL ESSAY ON AN UNRELATED LEGAL MATTER. THE STUDY FOUND THAT INITIALLY SUPPORT FOR THE DEATH PENALTY WAS 54 PERCENT, ABOUT THE SAME AS FOR THE AMERICAN PUBLIC AS A WHOLE. QUESTIONS TESTING KNOWLEDGE FOUND THAT 72 PERCENT KNEW PEOPLE WERE CURRENTLY AWAITING EXECUTION IN THE U.S.; 59 PERCENT KNEW THAT POOR PEOPLE WERE MORE LIKELY TO BE SENTENCED TO DEATH AND THAT THE DEATH PENALTY WAS IMPOSED IN ONLY A SMALL PERCENT OF CASES IN WHICH IT WAS AUTHORIZED; ABOUT ONE-THIRD WERE AWARE THAT DATA INDICATE THE DEATH PENALTY IS NOT AN EFFECTIVE DETERRENT; AND ONLY 22 PERCENT KNEW THAT MURDER RATES WERE NOT AFFECTED BY WELL-PUBLICIZED EXECUTIONS. TESTS ADMINISTERED AFTER THE SUBJECTS READ THE ESSAYS SHOWED THAT THE UTILITARIAN ESSAY RESULTED IN A 13 PERCENT DROP IN RESPONSES FAVORING CAPITAL PUNISHMENT. THE HUMANITARIAN ESSAY RESULTED IN A 5 PERCENT DROP. THOSE WHO READ BOTH DROPPED FROM 62 PERCENT TO 42 PERCENT IN FAVOR. THOSE READING THE UNRELATED MATERIAL STAYED CONSTANT AT 49 PERCENT FAVORING. THOSE WHO CONTINUED TO FAVOR CAPITAL PUNISHMENT MAY NOT HAVE FOUND OPPOSING INFORMATION CREDIBLE, MAY HAVE ALREADY KNOWN IT, OR MAY HAVE HAD FEELINGS FAVORING RETRIBUTION UNRELATED TO THE RATIONAL DATA. THE DESIRE FOR RETRIBUTION MAY HAVE TO BE CONSIDERED IN OTHER COURT DECISIONS. TABULAR DATA AND NOTES ARE INCLUDED. (GLR) INCLUDED. (GLR)