NCJ Number
46356
Date Published
1976
Length
20 pages
Annotation
DESIGN OF A RESEARCH PROJECT ON ATTITUDES TOWARD CAPITAL PUNISHMENT IS USED TO EXPLAIN HOW BEHAVIORAL SCIENCE CAN TAILOR RESEARCH TO ANSWER QUESTIONS OF PRACTICAL IMPORT AND TO HELP ACT AS AN AGENT FOR CHANGE.
Abstract
BEHAVIORAL SCIENCE RESEARCHERS OFTEN FEEL THAT THEIR WORK HAS LITLE PRACTICAL IMPACT. TO BE RELEVANT THEIR RESEARCH MUST IDENTIFY THE AGENTS OF CHANGE AND MUST BE PUBLISHED IN SUCH A WAY THAT IT WILL COME TO THE ATTENTION OF THESE AGENTS. A RESEARCH PROJECT ON ATTITUDES BEHIND PUBLIC ATTITUDES IN FAVOR OF CAPITAL PUNISHMENT WAS DESIGNED TO ANSWER QUESTIONS RAISED IN THE ORIGINAL U.S. SUPREME COURT DECISION OF FURMAN V. GEORGIA. SINCE IT SEEMED APPARENT THAT SUBSEQUENT DEATH PENALTY STATUTES WOULD BE TESTED IN APPELLATE COURTS, THIS PROJECT WAS DESIGNED FOR USE BY COURT PERSONNEL. THIS CHOICE OF AUDIENCE IMMEDIATELY SET THE FOCUS OF THE PROJECT. INSTEAD OF A BROAD-BASED POPULAR OPINION POLL SUCH AS IS FAVORED BY VOTE-CONSCIOUS LEGISLATURES, THE SURVEY COULD BE SMALLER BUT DEEPER IN SCOPE, DESIGNED FOR INTELLIGENT USERS AND EXPLORING MORE COMPLEX ISSUES. THE SAMPLE QUESTIONNAIRE ON ATTITUDES USED IS INCLUDED. BECAUSE THE ISSUE HAD LEGAL IMPLICATIONS, SPECIAL EFFORT WAS TAKEN TO ELIMINATE BIAS. THE SURVEY, ADMINISTERED IN 1974 TO 500 ADULTS IN CALIFORNIA, SOUGHT OPINIONS ON MANDATORY AND DISCRETIONARY DEATH SENTENCES (A DISTINCTION THAT IS CRUCIAL IN VIEW OF THE FURMAN CASE). FOR PREMEDITATED MURDER 58 PERCENT OPTED FOR A LESS-THAN-UNIVERSAL DEATH PENALTY, AND 51 PERCENT SAID FEWER THAN THREE-FOURTHS OF CONVICTED MURDERS SHOULD BE EXECUTED. HOWEVER, WHEN FACED WITH A CHOICE BETWEEN MANDATORY DEATH PENALTY AND NO DEATH PENALTY, 63 PERCENT OPTED FOR THE MANDATORY SENTENCE. THE PATTERNS WERE SIMILAR FOR MASS MURDER, MURDER OF A POLICE OFFICER, MURDER DURING ROBBERY, AND MURDER DURING KIDNAPING. IN ADDITION, ABOUT 40 PERCENT FAVORED EXECUTION OF SOME KIDNAPERS, SOME SKYJACKERS, AND SOME RAPISTS, EVEN WHEN NO DEATH RESULTED. IMPLICATIONS OF FINDINGS THAT A MANDATORY DEATH SENTENCE WOULD AFFECT THE RESPONDENTS' DECISIONMAKING IF THEY WERE TO SERVE ON A JURY ARE DISCUSSED; MOST CAPITAL PUNISHMENT PROPONENTS WOULD REQUIRE MORE CONVINCING EVIDENCE, AND 40 PERCENT OF OPPONENTS WOULD NOT VOTE FOR CONVICTION. THUS, PUBLIC OPINION SHOWS GREATEST SUPPORT FOR THE OPTION THAT THE COURTS BELIEVE POSE THE MOST SERIOUS PROBLEMS OF CONSTITUTIONALITY, THE SELECTIVE APPLICATION OF THE DEATH PENALTY BASED ON CRIMINAL RATHER THAN THE CRIME. REFERENCES AND NOTES ARE PROVIDED. (GLR)