Opposition to capital punishment in the United States

Opposition to capital punishment in the United States existed as early as the colonial period. Opposition to the death penalty peaked in 1966 ^[1], rising to 47% opposition, higher than those who supported it (42%), the rest (11%) had 'no opinion'. The death penalty increased in popularity throughout the 1970s and 1980s, peaking in 1994 at 80%; since then, the anti-death penalty movement has strengthened again and the most recent Gallup poll in 2011 shows that 35% of Americans oppose the death penalty, an increase of over 80% over the last 17 years.

History

Colonial period

Abolitionists gathered support for their claims from writings by European Enlightenment philosophers such as Montesquieu, Voltaire (who became convinced the death penalty was cruel and unnecessary ^[2]), and Bentham. In addition to various philosophers, many members of Quakers, Mennonites and other peace churches opposed the death penalty as well. Perhaps the most influential essay for the anti-death penalty movement was Cesare Beccaria's 1767 essay, On Crimes and Punishment. Beccaria’s strongly opposed the state’s right to take lives and criticized the death penalty as having little deterrent effect. After the American Revolution, influential and well-known Americans, such as Thomas Jefferson, Benjamin Rush, and Benjamin Franklin made efforts to reform or abolish the death penalty in the United States. All three joined the Philadelphia Society for Alleviating the Miseries of Public Prisons, which opposed capital punishment. Following colonial times, the anti-death penalty movement has risen and fallen throughout history. In Against Capital Punishment: Anti- Death Penalty Movement in America, Herbert H. Haines describes the presence of the anti-death penalty movement as existing in four different eras.^[3]

First abolitionist era, mid to late 19th century

The anti-death penalty movement began to pick up pace in the 1830s and many Americans called for abolition of the death penalty. Anti-death penalty sentiment rose as a result of the Jacksonian era, which condemned gallows and advocated for better treatment of orphans, criminals, poor people, and the mentally ill. In addition, this era also produced various enlightened individuals who were believed to possess the capacity to reform deviants.

Although some called for complete abolition of the death penalty, the elimination of public hangings was the main focus. Initially, abolitionists opposed public hangings because they threatened public order, caused sympathy for the condemned, and were bad for the community to watch. However, after multiple states restricted executions to prisons or prison yards, the anti-death penalty movement could no longer capitalize on the horrible details of execution.

The anti-death penalty gained some success by the end of the 1850s as Michigan, Rhode Island, and Wisconsin passed abolition bills. Abolitionists also had some success in prohibiting laws that placed mandatory death sentences of convicted murderers. However, some of these restrictions were overturned and the movement was declining. Conflict between the North and the South in the run-up to the American Civil War and the Mexican–American War took attention away from the movement. In addition, the anti-gallow groups who were responsible for lobbying for abolition legislation were weak. The groups lacked strong leadership, because most members were involved in advocating for other issues as well, such as slavery abolishment and prison reform. Members of anti-gallow groups did not have enough time, energy, or resources to make any substantial steps towards abolition. Thus, the movement declined and remained latent until after the post-Civil War period.

Second abolitionist era, late 19th and early 20th centuries

The anti-death penalty gained momentum again at the end of the 1800s. Populist and progressive reforms contributed to the reawakened anti-capital punishment sentiment. In addition, a “socially conscious” form of Christianity and the growing support of “scientific” corrections contributed to the movement’s success.^[3] New York introduced the electric chair in 1890. This method was supposed to be more humane and appease death penalty opponents. However, abolitionists condemned this method and claimed it was inhumane and similar to burning someone on a stake. In an 1898 op-ed in The New York Times, prominent physician Austin Flint called for the abolition of the death penalty and suggested more criminology-based methods should be used to reduce crime.^[4] Anti-death penalty activism of this period was largely state and locally based. An organization called the Anti-Death Penalty League was established Massachusetts in 1897.^[5] However, national leagues, such as the Anti-capital Punishment Society of America and the Committee on Capital Punishment of the National Committee on Prisons, developed shortly after. Many judges, prosecutors, and police opposed the abolition of capital punishment. They believed capital punishment held a strong deterrent capacity and that abolishment would result in more violence, chaos, and lynching. Despite opposition from these authorities, ten states banned execution through legislation by the beginning of World War I and numerous others came close. However, many of these victories were reversed and the movement once again died out due to World War I and the economic problems which followed. The American Civil Liberties Union, however, developed in 1925 and proved influential over its 47 year life span. The group focused on educating the public about the moral and pragmatic trouble of the death penalty. They also organized campaigns for legislative abolition and developed a research team which looked into empirical evidence surrounding issues such as death penalty deterrence and racial discrimination within the capital punishment process. Although the organization had little success when it came to abolition, they gathered a multitude of members and financial support for their cause. Many of their members and presidents were well-known prison wardens, attorneys, and academic scholars. These influential people wrote articles and pamphlets that were given out across the nation. They also gave speeches. Along with other social movements of the time, however, the group lost momentum and attention due to the Great Depression and World War II.

Third abolitionist era, mid 20th century

The movement in 1950s and 1960s shifted focus from legislation to the courts. Although public opinion remained in favor of execution (aside from during the mid 1960s when pro and anti opinions were roughly equal), judges and jurors executed less people than they did in the 1930s. The decline in executions gave strength to various new anti-capital punishment organizations. Among these groups were: a California-based Citizens Against Legalized Murder, the Ohio Committee to Abolish Capital Punishment, the New Jersey Council to Abolish Capital Punishment, California’s People Against Capital Punishment, the New York Committee to Abolish Capital Punishment, the Oregon Council to Abolish the Death Penalty, and the national Committee to Abolish the Federal Death Penalty. In addition to growing organizations, the movement also profited from growing European abolishment of the death penalty and from the controversial executions of Barbara Graham and Caryl Chessman. Success mounted in the late 1950s as Alaska, Hawaii, and Delaware abolished capital punishment. Oregon and Iowa followed their leads in the 1960s. Many other states added laws that restricted the use of the death penalty except in cases of extreme serious offenses. Abolitionists began to strongly challenge the constitutionality of the death penalty in the 1960s. Lawyers from the American Civil Liberties Union and form the NAACP Legal Defense and Educational Fund launched a major campaign challenging the death penalty’s constitutionality and insisted a moratorium for all executions while it was in process. The United States executed zero people from 1968 to 1976. The Anti-Death Penalty’s biggest victory of this time period was the Supreme Court Case, Furman v. Georgia, of 1972. The Supreme Court found the current state of the death penalty unconstitutional due to its “arbitrary and discriminatory manner” of application.^[3] The court, however, left states with the option to revamp their laws and make them more constitutional. Twenty eight states did just that and the court eventually allowed the death penalty again through a series of cases in 1976.

Contemporary anti-death penalty movement

The anti-death penalty movement slowly rose again after a brief moment of rest due to the reinstatement of capital punishment in many states. This time, however, the movement sprung in the form of a wide range or organizations rather than in the form of litigation and lawyers. Some of the most influential organizations who continue to work against capital punishment today include Amnesty International USA, the American Civil Liberties Union, the NAACP Legal Defense and Education Fund, and the National Coalition to Abolish the Death Penalty. The works of these organizations have brought about various restrictions on the use of capital punishment. Juveniles and the mentally ill or retarded can no longer be executed.^[6] In addition, the Supreme Court has made it more difficult to discriminate within the capital punishment process.^[6] Some^[who?] criticize anti-death penalty sentiment as representing an interest group rather than a social movement because it is not as massive as other movements we see today such as the civil rights movement, women’s rights movement, and the pro-choice or pro-life movements. Leadership and membership among these groups is different than it is among the anti-death penalty movement. Rather than possessing leaders and members who are possible beneficiaries of the movement’s success, the anti-death penalty movement is composed of “moral entrepreneurs” who speak up for those who are under threat of being executed.^[3] Membership is not as strong as those of mass movements because it is often composed of “paper membership,” which means members are with a group that represents other issues as well or members are involved in multiple other issue-oriented projects.^[3] In addition, dedicated leaders and members are hard to find because these positions require long hours and little pay. The tactics of the movement also differ from those of mass movements. Demonstrations and radical flanks within the movement are rare and focus is more often put into lobbying for legislation or education the public on the flaws of the capital punishment system. Although the anti-death penalty movement may be looked at as an interest group, the movement is also too morally motivated and centered around such a distinct social issue to be ignored as a social movement.

References

1. ^ http://www.gallup.com/poll/1606/death-penalty.aspx
2. ^ http://books.google.com/books?id=9CTUR5yOogMC&pg=PA105&lpg=PA105&dq=voltaire+anti+death+penalty&source=bl&ots=dKjt3nOzzj&sig=Zu3PAkDV_5og5nkCC_-iIM-r-KY&hl=en&ei=lItfTpDKF-fjiAKsiZXPDg&sa=X&oi=book_result&ct=result&resnum=4&sqi=2&ved=0CD0Q6AEwAw#v=onepage&q&f=false
3. ^ ^{a b c d e} Haines, Herbert H. Against Capital Punishment: Anti- Death Penalty Movement in America, 1972- 1994. Oxford: Oxford University Press, 1996.
4. ^ Flint, Austin (August 7, 1898), "THE PENALTY OF DEATH.", The New York Times (New York City), http://query.nytimes.com/gst/abstract.html?res=9402E1D61738E433A25754C0A96E9C94699ED7CF, retrieved December 23, 2009 
5. ^ Alan Rogers, "Chinese and the Campaign to Abolish Capital Punishment in Massachusetts," in Journal of American Ethnic History, v. 18 (1999), 55-6
6. ^ ^{a b} “Part I: History of the Death Penalty.” Death Penalty Information Center 2009. 22 November 2009.