The Harris Survey G ILMORE EXECUT ION APPROVED

For Release: January 13, 1977 by Louis Harris b By an overwhelqing 71-19%, the American people believe that convicted murderer Gary Mark Gilmore should die by the firing squad nekt '.tonday In Ut~h. tiowever, an 86-11% majority is opposed to putting executions such as this on television, aciorillrl$ to a re~entHarris Survey of 1,259 adulis.

The Gilmore case has been in the headlines in recent months bc:cause Gilmore tins repeatedly asked that his life not be spared and that he he pror;:ptlj. executed hy firing squad. Tile case has taken a series of bizarre turns, including tr~oattempts by Gilwre to take his own life, postponements and reversals in the judicial procedure and any nun;Ser of highly unusual de\relop~ents. Rights to Gillnore's life story have been sold to the movies for a large sum of money.

When asked about Gilmore's morivations in insisting on the death penalty, a 46% plurality of the public is convinced that he genuinelv would racher be cxecuted than spend tl~erest of his life in prison. Hovever, a 262 minority believes he wants to create publicity for himself, another 102 that he wants to become a martyr and 4% that he is motivated by the money his estate will receive for his memoirs.

Despite the overwhelming majority who favor ?ranting Gary Gilmore his wish, the public is split down the middle on the question of wh~therother convicted murderers snould be given the death penalty if they so wish. While 48% favor this, 47% hold the view that it is not up to the prisoner to determine his fate.

If the execution takes place, the Gilnore case could well be a turning point in the history of capital punishment in this country. Besides Gilmore, 422 other people are now on death row and are subject to execution.

A 58-282 majority favors executing these prisoners once they have exhausted all legal appeals. But the only group in the population that denurred from this view were blacks, who opposed carrying out the death sentences by 49-25%.

The Gilmore case may go down as significant in two respects: --An appreciable body of public opinion, roughly one of every two people, has come to believe that a convicted murderer who receives a jail sentence rather than the death penalty should be able to choose whether he wants to be executed or to remain alive in jail. --Public sentiment about capital punishment itself, which tended for several years to agree with the U.S. Supreme Court as it reexamined execution laws, now appears to favor the former practice of putting convicted murderers to death.

TABLES

Between December 17 and 23, the Harris Survey asked the national cross section: "Have you heard about or followed the case of Gary >lark Gilmore, the man convicted of murder in Utah who requested that he be executed by a firing squad, or haven't you heard about or foliowed this?"

HEARD AEOIJT GIL'IORE CASE

Total Public %

Heard or followed 9 5

Not heard or followed 5

The Harris Survey then asked: "(As you know,) Gilmore was convicted of murder and was sentenced to be executed. Ile asked that the state of Utah execute him immeiliately without any further appeals. Because of the publicity he received for asking for his own execution, Gilmore has received offers of sizable sums of money to publish his memoirs after 11e is dead. tle wants some of this money to go to the families of the people he murdered. "The Utah Supreme Court reviewed tl!e case and backed up the state on executing Gilmore by a firing squad. Lawyers for Gilc~ore'smother and the American Civil Liberties Union asked that the death sentence be put off, partly because, they claim, it is cruel and unusual punishment ant1 partly because Gilrnore's beh~viorhad become a commercial proposition, involving large sums of money. All in all, do you think Gary Gilmore ought to be executed by a firing squad or not?"

SIIOULD GZLVORE BE EXECUTED BY FIRING SQUAD?

Total Public %

Ought to be executcd

Ought not

Not sure TABLES (cont'd)

"In the case of Gary Gilmore, do you think his request to be executed was motivated primarily by his seck- ing publicity, by the noney he could get for his memoirs, by his wanting to become a martyr in opposition to the dent11 penalty or by his desire not tc~stay alive if he had to spend the rest of his life in prison?"

ASSESSXENT OF GIlPIORE' S EIOTIVES

Total Public X

Desire not to spend rest of life in prison 46

Seeking publicity 26

Wanting to become martyr 10

Money from memoirs 4

Not sure 14

"In general, if a convicted murderer asks to be executed, do you think the state should execute him, or that such a decision is not up to the prisoner to decide, but is a matter for the proper law authorities?"

EXECUTION OF CONVICTED MURDERER IF HE REQUESTS IT

Execute Not His Not Him -Choice -Sure % % % Nationwide -4 8 -4 7 -5 By Rcgio~ East Midwest South West

By Race White Black 34 54 12

By Political Philos&y Conservative 53 42 5 Middle of the Road 46 48 6 Liberal 46 51 3

"Would you favor or oppose a law that allowed a person convicted of murder to choose either his own execu- tion or to remain in jail for life?"

LAW TO ALLOW CHOICE OF EXECUTION OR LIFE

Total Public %

Favor

Oppose

Not sure TABLES (cont 'd) b "Four years ago, the U.S. Supreme Court haltcd all executions of people convicted in captial punishment cases. As a result, 423 people are now on death row. Earlier this year, the U.S. Supreme Court sajd that 'tlle death penalty is not a forz of punishment that may never be imposed,' opening the way to possible cxc?cutions. If the 423 people now on death row exhausted their legal appeals and they were still found guilty, would you favor or oppose their being executed in the next few months?"

EXECUTION OF 423 CASES ON DEATH ROW?

Not -Favor -Oppose Sure 4 Z X

Nationwide

By Race White 61 25 14 Black 2 5 49 26

"If they go back to executing people convicted of murder, would you favor or oppose putting such execu- tions on television?"

TELEVI SCD EXECUTIONS

Total Public X

Favor

Oppose

Not sure

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