Results of a Statewide Survey The following is an Executive Summary of the results of a statewide public opinion poll conducted by Professors Craig Haney and Aida Hurtado of the University of California at Santa Cruz and implemented by the Field Research Corporation. The survey was financed with funds provided by Death Penalty Focus of California, Amnesty International USA, the American Civil Liberties Unions of Northern and Southern California, and the Friends Committee on Legislation.

February 28, 1990 --------------

CALIFORNIA DEATH PENALTY SURVEY 1989

By a more than two to one majority, Californians prefer life imprisonment without possibility of parole plus restitution over the death penalty, when given the choice between these alternatives. Although there is widespread support for the death penalty in the abstract (79% of the public is "strongly" or "somewhat" in favor), this support dropped dramatically when respondents were asked a number of specific questions about the death penalty imposition. Many Californians appear to support the death penalty because they are skeptical about whether life imprisonment really guarantees that prisoners will remain in prison, and also because they are concerned about doing something for victims. Life in prison without parole plus restitution seems to meet both of these concerns and is preferred over the death penalty by a wide margin.

Californians are also much less inclined to support the death penalty when confronted with certain kinds of cases. For example, only half of the respondents favored allowing the death penalty under any circumstances for juveniles, and just one Californian in four believes that the death penalty should ever be permitted for mentally retarded defendants. Support for the death penalty also declines considerably in cases where Californians learn certain humanizing facts about the defendant's background (e.g. that he was abused as a child), and when they are presented with certain kinds of evidence about the crime itself (e.g. that is was not premeditated or that it was committed while the defendant was under extreme mental or emotional distress). And, when Californians were told that the defendant would be a hardworking, well-behaved inmate in prison, they were also much more likely to favor life imprisonment over the death penalty.

Although there is relatively widespread agreement among Californians that retribution alone is not a sufficient justification for the death penalty, many respondents held misconceptions or erroneous beliefs about what the death penalty accomplishes, and how it actually operates in society. For example, despite much evidence to the contrary, a large majority of Californians believes that the death penalty prevents murder by deterring potential killers. Similarly, a majority believes that the death penalty is cheaper than life in prison, despite the fact that this is clearly not so. Finally, nearly half of the respondents believes that minorities are not more likely to receive the death penalty, a belief that is strongly contradicted by national, as well as statewide statistics.

These are the results of a recent public opinion poll conducted by Professors Craig Haney and Aida Hurtado of the University of California at Santa Cruz, and implemented by the Field Research Corporation. The poll was conducted by telephone between December 4-13, 1989 and focused on a number of public attitudes concerning capital punishment. The results are based on interviews with 498 California respondents, and are accurate within +/- 4.5 points of the reported percentages.

**** SUMMARY OF FINDINGS

Perhaps not surprisingly, close to 8 out of 10 (79%) Californians express support of the death penalty in the abstract. These results are similar to those found in statewide polls conducted in other parts of the country.

DEATH PENALTY IN THE ABSTRACT

In general, would you say that you are strongly in favor, somewhat in favor. somewhat opposed or strongly opposed to the death penalty.

Strongly in favor 50.3 ---------> 79.5

Somewhat in favor 29.2

Somewhat opposed 10.4 ---------> 19.0

Strongly opposed 8.6

However. this picture changes dramatically when Californians are offered a genuine alternative to the death penalty that includes life in prison plus restitution. Indeed. they favor this alternative by a more than 2 to 1 margin over the death penalty.

DEATH PENALTY vs. LIFE plus RESTITUTION

Suppose as an alternative to the death penalty. prisoners really could be sentenced to life in prison without the possibility of parole and be required to work in prison and give part of their earnings to the families of their victims. If this were possible, which would you prefer as a punishment in special circumstance cases?

Life in prison 67.3

Death penalty 25.9

No opinion/answer 6.8

****

In addition, the survey shows that support for the death penalty drops considerably depending on the characteristics of the defendants on whom it would be imposed. Thus, the state is relatively closely divided on the issue of whether the death penalty should be imposed on juveniles, with only half supporting imposition here.

DEATH PENALTY FOR JUVENILES

Some people feel that there is nothing wrong with imposing the death penalty on juveniles under the age of 18, depending on the circumstances. Others feel that the death penalty should never be imposed on juveniles under any circumstance. Do you think it is, or is not, all right to impose the death Penalty on juveniles under the age of 18?

Is all right 50.1

Is not all right 43.6

No opinion/answer 6.3

Moreover, only one Californian in four supports imposition of the death penalty for mentally retarded defendants.

DEATH PENALTY FOR MENTALLY RETARDED PERSONS

Some people feel that there is nothing wrong with imposing the death penalty on persons who are mentally retarded. Others feel that the death Penalty should never be imposed on persons who are mentally retarded under any circumstances. Do you think it is, or is not, all right to impose the death Penalty on a mentally retarded person?

Is all right 25.7

Is not all right 64.8

No opinion/answer 9.5

Despite the relatively high level of support for the death penalty in the abstract there are also a number of factors that are often present in any given case that many Californians report would make them more likely to vote for life imprisonment rather than the death penalty. Evidence about the crime itself--for example, that it was not premeditated or that it was committed when the defendant was under extreme mental or emotional distress--led significant numbers of Californians to favor a life sentence. Certain kinds of information about the defendant's background (e.g., that the defendant had been abused as a child or had been hardworking up to the time of the crime) had a powerful mitigating effect, as did knowledge that the defendant would make a well-behaved, productive inmate in prison.

FACTORS MAKING A LIFE VERDICT MORE LIKELY

Factor present % Californians saying in a given case they'd be more likely to vote for life

Murder committed when the person was under extreme mental or emotional disturbance 56.7

Until this crime. person had been hard- working and done good things for others 54.6

This crime was the only violent crime person had committed 49.7

The murder was not premeditated but committed in robbery where victim resisted 43.1

Person institutionalized in past bur never given help or treatment for his problems 42.2

Person would be a hardworking, well-behaved inmate in prison 41.4

Person had been seriously abused as a child 41.3

Murder was committed while person was under influence of drugs or alcohol 35.4

**** The poll also suggested that a majority of Californians believe that retribution in itself is not a sufficient justification for the death penalty, but that we should consider the other effects that the death penalty has in society.

RETRIBUTION NOT SUFFICIENT JUSTIFICATION

Some people argue that retribution is the only reason needed to justify the death penalty. that is that some people deserve to die and should be executed no matter what else the death penalty accomplishes or fails to accomplish. Other people argue that we also should evaluate the effects of the death penalty on society and decide whether to have it on the basis of the other social purposes that it serves. Which of these two views do you believe the most?

Retribution is sufficient justification 35.4%

We need to consider other effects of death penalty 50.5%

No opinion/answer 14.1%

However. despite their belief that the broader social effects of the death penalty should be taken into account, a large number of Californians hold misconceptions or erroneous assumptions about what the death penalty accomplishes and how it actually operates in our society.

MISCONCEPTIONS ABOUT THE DEATH PENALTY

Believe the death penalty prevents murders by deterring people who who might otherwise kill 73.7%

Believe that persons sentenced to life without possibility of parole can manage to get out of prison at some point 63.7%

Believe that the death penalty is cheaper than life in prison 54.4%

Believe that minorities are not more likely to receive the death penalty 49.7%

Other results from the survey suggest that Californians may be ambivalent and equivocal about the use of harsh punishment in the criminal justice system generally. These feelings may help explain the complexity of their death penalty attitudes. Although, on the one hand, them is widespread agreement among Californians that "criminals should be punished harshly to demonstrate that society cares about victims of crime" (83.9% agree strongly or somewhat), they do not believe that "it is more important that prisons punish criminals than rehabilitate them" (only 37.4% agree strongly or somewhat), and nearly half of them (45.85~) agree that "harsher treatment of criminals is not the solution to the crime problem." It may be that for large numbers of Californians, support of the death penalty is largely symbolic, a way of expressing their general concerns about the seriousness of the crime problem and the plight of crime victims. Yet, when confronted with certain kinds of defendants on whom it might be imposed or features of specific cases in which it might be applied, this abstract, symbolic support decreases dramatically. More importantly, when they are offered an alternative that addresses concerns about crime and victims--life in prison without possibility of parole plus restitution-they prefer it in large numbers over the death penalty.

An analysis of the demographic characteristics of the survey respondents also indicated that abstract support for the death penalty was not evenly distributed across all groups in the state. For example, fully 65% of the registered Republicans reported that they were "strongly in favor" of the death penalty, while only 39% of Democrats felt this way. Also, as compared to 50.3% of the overall sample who reported being "strongly in favor" of the death penalty, only 21.18 of Jewish respondents and 42.3% of racial minorities (Hispanics, Black Americans, and Asians) responded this way. And there was a slight tendency for younger respondents to express less support for the death penalty than their older counterparts: Age Somewhat or Strongly in Favor 18-24 71.1% 25-29 73.4% 30-39 80.6% 40-49 78.5% 50-59 8].2% 60-older 87.3% Attitudes Toward the Death Penalty: State Comparisons The same overall pattern that was obtained in California is reflected in the results of public opinion polls done a number states over the last several years. Although support for the death penalty in the abstract is high, a majority of people in most of the states surveyed preferred the alternative of life in prison without possibility of parole plus restitution. (in every state, support for the death penalty dropped to less than a majority. Californians and New Yorkers preferred life plus restitution over death by a 2 to f margin.) This is true even in Southern states, where support of the death penalty is generally regarded as strongest. In addition, essentially half or less of the respondents in other states support use of the death penalty for juveniles. There is even less support for use of the death penalty with mentally retarded defendants, ranging from 1 in 3 down to I respondent in ]O favoring use in this circumstance.

Abstract support of death penalty

California . . . . . . . . . 79%

Florida . . . . . . . . . . 84%

Georgia . . . . . . . . . . 75%

Kentucky . . . . . . . . . . 69%

Maryland . . . . . . . . . . 64%

Nebraska . . . . . . . . . . .68%

New York . . . . . . . . . . .72%

Oklahoma . . . . . . . . . . .80%

Prefer Life plus Restitution Instead of the Death Penalty

Life Death

California . . . . . . . . . 67% 26%

Florida . . . . . . . . . . 49% 42%

Georgia . . . . . . . . . . 51% 43%

Kentucky . . . . . . . . . . 46%* 36%

Nebraska . . . . . . . . . . .58% **

New York . . . . . . . . . . .62% 32%

Oklahoma . . . . . . . . . . .49%* 48%

Death Penalty for Juveniles

California . . . . . . . . . 50%

Florida . . . . . . . . . . .35%

Georgia . . . . . . . . . . .53%

Kentucky. . . . . . . . . . .42%

Oklahoma . . . . . . . . . . .50%***

Death Penalty for Mentally Retarded Persons

California . . . . . . . . . 26%

Florida . . . . . . . . . . .12%

Georgia . . . . . . . . . . .33%

Kentucky. . . . . . . . . . .15%

Maryland . . . . . . . . . . .46%

New York . . . . . . . . . . .10%

Oklahoma . . . . . . . . . . .29%

___________ * Alternative did not include restitution. ** Figure could not be obtained from data reported. *** Defined "juveniles" as persons under the age of 16. Methodology Note: These figures are based on the results of survey questions that are closely comparable, but not necessarily identical. In addition, the surveys were conducted at different times. which may have some bearing on the figures obtained. [The dates at which the surveys were conducted are as follows: California (12/89); Florida (5/86); Georgia (12/86); Kentucky (12/89); Maryland (2/87); New York (5/89); Nebraska (1/88); Oklahoma (12/88).]