Public Opinion

A recent Gallup Poll measured Americans' abstract support for the death penalty at 63%, the second-lowest level of support for capital punishment since 1978, and a significant decline from 1994, when 80% of respondents were in favor of the death penalty. Gallup noted the results of the poll may have been affected by the fact that it was conducted a few days after the shootings in Newtown, Connecticut. In 2011 Gallup found 61% in support of the death penalty, the lowest level in 40 years. When Gallup and other polls offer respondents a choice of the proper punishment for murder--the death penalty or life in prison without parole--the public is nearly evenly split on the question. Among the groups most supportive of the death penalty in this latest Gallup poll were conservatives, Republicans, men, older respondents, and those with a high school or less education. The poll was conducted December 19-22, 2012. The margin of error was +4 percentage points.

A new Los Angeles Times poll of registered voters in California showed a dramatic increase in support of Proposition 34, a ballot measure that would replace the death penalty with life without parole, saving the state tens of millions of dollars annually. The survey, conducted October 15-21, showed more respondents supporting repeal of the death penalty (45%) than those wanting to keep it (42%) when they were given information about the measure's financial impact and effect on prisoners. Eleven percent were undecided.  These results were an exact reversal of the Times earlier poll that showed more voters opposing the Proposition. Both this poll and the earlier poll also asked voters about Proposition 34 without including its financial impact.  Although slightly more respondents opposed repeal with this shorter question, the gap between opponents and supporters shrunk from 13% in September, to a statistical tie in October (45% to 42%). The margin of error for the poll was 2.9%.  The most recent poll was taken before a flurry of TV ads in support of Proposition 34 began running in the state.  According to California's legislative analyst, passage of Proposition 34 would save the state $130 million per year. Although California has the largest death row in the country, it has not carried out an execution in almost 7 years, and has executed 13 inmates since 1978.

Recent polls conducted by Gallup and CNN indicate Americans' support for the death penalty is continuing to decline.  According to Gallup's 2011 poll, the percentage of Americans approving the death penalty as a punishment for murder dropped to its lowest level in 39 years.  Only 61% supported capital punishment in theory, down from 64% last year and from 80% support in 1994. This is the lowest level of support since 1972, when the U.S. Supreme Court ruling in Furman v. Georgia voided death penalty statutes across the country.  Opposition to the death penalty (35%) in this recent poll reached a 39-year high. The Gallup poll also showed an increase from last year in those who believe the death penalty is applied too often or unfairly.  Support for the death penalty dropped compared to last year among both Republicans and Democrats.  This year, among Democrats (or those leaning that way) more opposed the death penalty than supported it, a reverse from a year ago.  A recent CNN poll (conducted by ORC International) showed that when given a choice of sentences between life in prison without parole or the death penalty for the crime of murder, more Americans (50%) would opt for the life sentence than for death (48%). Seven years ago, the majority (56%) chose the death penalty over the life-without parole sentence. In CNN's recent poll, the number of Americans who believe that at least one person in the past five years has been executed for a crime that he or she did not commit increased to 72%.

A recent poll conducted by David Binder Research found strong support for commuting all of the sentences of California's 712 death row inmates to life in prison without parole and requring them to pay restitution to the victims' families. Of the 800 voters surveyed, 63% supported the commutations, which would save the state $1 billion over five years. California currently faces a $13 billion budget gap. Voters from across the political spectrum favored the idea of commuting all the state's death sentences and putting the money saved towards public education and law enforcement. Support was highest among independents (70%), followed by Democrats at 64% and Republicans at 58%. The proposal was also popular throughout the state, with Bay Area voters expressing the most support (70%).