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A CRISIS of CONFIDENCE: Americans’ Doubts About the Death Penalty

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A CRISIS of CONFIDENCE: Americans’ Doubts About the Death Penalty A CRISIS OF CONFIDENCE: Americans’ Doubts About the Death Penalty A Death Penalty Information Center Report Based on A National Opinion Survey By Richard C. Dieter Executive Director June 2007 A Crisis in Confidence, page 1 For many Americans, their patience with the death penalty is wearing thin. Rather than there being some light at the end of the tunnel after thirty years of experiment, the prospects for successful reform of the system seem less and less likely. applied, and not always to the Introduction worst offenders. Life without parole sentences are becoming According to a national public more attractive to many opinion poll conducted in 2007, Americans, and it is the preferable the public is losing confidence in choice over the death penalty for the death penalty. People are major subgroups of the deeply concerned about the risk of population. Two-thirds of executing the innocent, about the Americans do not believe that fairness of the process, and about reforms of the death penalty the inability of capital punishment system will eliminate its to accomplish its basic purposes. problems. Most Americans believe that innocent people have already The public's lack of confidence been executed, that the death in the death penalty is being penalty is not a deterrent to crime, echoed by representatives of and that a moratorium should be victims' groups, by former placed on all executions. supporters of the death penalty, and in the editorial pages of the Many in America also believe nation's newspapers. Although they would be disqualified from the dissatisfaction with capital serving on a jury in a capital case punishment has many roots, the because of their moral objections. common and principal concern Among women and Catholics, heard throughout the country is nearly half believe they would be the risk that innocent people may excluded. Two-thirds of blacks be caught up with the guilty. believe they would be disqualified. Even among those who support the death penalty and believe they would be qualified to serve on a capital jury, the risk of convicting or executing the innocent would make them less likely to vote for a death sentence. While a majority still support the death penalty in theory, it is becoming irrelevant to many Americans because it is rarely A Crisis in Confidence, page 2 community that is called upon to Poll Results make such decisions. The Supreme Court has said Nearly 40% of the public that the death penalty should believes that they would be reflect the "conscience of the 1 disqualified from serving on a community," and that its jury in a death penalty case application should be measured because of their moral beliefs. against society's "evolving 2 Over two-thirds (68%) of African- standards of decency." In all Americans in this survey believe states, a defendant is entitled to they would be excluded as capital have a jury determine whether he jurors; 48% of women reached the or she is eligible for a death 3 same conclusion, and 47% of sentence. In almost all states, the Catholics. While these latter jury also makes the crucial numbers are based on sub- decision on the actual sentence. samples with a larger margin of But a recent National Omnibus error than the whole poll, they Poll conducted by RT Strategies point to a problem of for the Death Penalty Information unrepresentative capital juries Center in early 2007 indicates that that do not reflect the country's there is a deep divide in the true diversity. Many Americans Believe They Would Be Disqualified from Capital Juries General 39% Population Women 48% African Americans 68% Catholics 47% Would Qualify for 57% Jury 0% 10% 20% 30% 40% 50% 60% 70% 80% Percent of Group Expressing Belief A Crisis in Confidence, page 3 Jurors in capital cases must be interrogated about their positions 2% NOT SURE on the death penalty. If they are opposed to it in all cases, they will not be permitted to serve. The resultant juries look different than YES society at large because they will 38% have less minority members, less NO women, and none of those who 60% represent one side on this divisive issue. If the percentage of those who would be excluded for their views were miniscule, it might not Is The Death Penalty a Deterrent to Murder? pose a serious problem. But when the numbers grow to represent were sentenced to death were nearly half, or even a majority, of innocent. The availability of life- significant groups in society, the without-parole sentences and the system runs the danger of being exclusion of juveniles from undemocratic. execution were much less significant to the public. An Erosion of Over 120 people have been Confidence freed from death row since 1973 after their convictions were overturned.5 Many came close to Americans have endorsed the execution before being cleared of death penalty for generations all the charges that sent them to because they believed it might death row. In some cases, it was contribute to saving lives. For a the fortuitous advance of DNA long time, deterrence was the science that led to their principal reason that Americans exoneration. In other cases, it was gave for their support of capital 4 the work of journalism students punishment. But today, few or others outside the legal system citizens believe that the death who re-investigated what penalty serves as a deterrent. appeared to be closed cases. Only 38% of respondents in this recent poll believe that the death In addition to those freed from penalty is a deterrent; 60% said it death row, many have recently was not. been exonerated of non-capital crimes, putting the judicial system But a larger problem has further on the defensive. Two emerged to challenge the notion hundred people have had their that the death penalty saves lives. convictions dismissed because of By a wide margin, the American DNA testing since 1989.6 public believes that the most Frequently, the justice system significant development in the resisted acknowledging the new death penalty in recent years has evidence that was uncovered, been the advent of DNA testing even though it pointed to the and the proof that many who A Crisis in Confidence, page 4 innocence of the original still be alive if new evidence defendant. overturns his conviction. But before the state should be allowed Seeing these repeated mistakes to execute an individual, a higher in determining the underlying degree of confidence that it has guilt of those facing execution has charged the right person is sharply eroded the public's required. confidence in the death penalty. Particularly in this area, the public Unfortunately, the search for wants much more assurance that truth in death penalty cases is the system works reliably. For obscured by the fact that jurors many Americans, their patience are chosen from only certain with the death penalty is wearing segments of society. Research thin. Only 39% of the public indicates that those who support expressed either complete or the death penalty are also more "quite a bit" of confidence that the likely to support the government's justice system sentences only the case, more likely to believe police guilty to death. testimony and witnesses for the prosecution.7 While such sources A strong majority of 75% of are often credible, the errors that those polled believe that we need have occurred in capital cases a higher standard of proof for where innocent people have been guilt in death penalty cases. The wrongly convicted often stem standard of "proof beyond a from erroneous identifications reasonable doubt" may be and other testimony offered by sufficient when an inmate will the state.8 In capital cases it is Effect of Hearing About Exonerations on Death Penalty Views No effect 37% 37% Lessened Support / Strengthened Lessened Support Strengthened Opposition Opposition 0 10 20 30 40 50 60 70 A Crisis in Confidence, page 5 especially important that people such mistakes have been made.9 with a wide range of viewpoints Larry Griffin was executed in critically examine the evidence, Missouri, Ruben Cantu, Cameron but the exclusion of the citizens Willingham, and Carlos de Luna most likely to be skeptical of the (pictured) were executed in Texas. state's evidence makes this goal In all four cases, new evidence has harder to achieve. emerged that has thrown considerable doubt on their Most Americans have been original convictions. affected by the news of so many exonerations in death penalty cases. Only 37% said that such news had no effect on their position on the death penalty. Sixty percent (60%) of Americans said that these wrongful convictions had either lessened their support for the death penalty or strengthened their already existing opposition. The Ultimate Error: In Griffin's case, the first police Executing the Innocent officer on the scene has now given a new account of the evidence. A similar question regarding Willingham's case was exposed the execution of possibly innocent through an investigation by the defendants also indicated that Chicago Tribune. He had been such information lessens support convicted of murder by arson, but for the death penalty. And the now new scientific analysis has overwhelming majority of questioned whether any arson Americans (87%) already believes (and hence any crime) ever that the final tragedy has occurred. occurred: that innocent people have been executed in recent In de Luna's case, also years. investigated by the Chicago Tribune, another repeat offender Because courts do not typically now appears to be the likely killer. provide a forum for determining Ruben Cantu's case, the third of the innocence of someone who the cases from Texas, was has already been executed, and investigated by the Houston because states do not pay Chronicle.
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