Death penalty opinions shift as Tennessee reworks protocol
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For the first time, more Americans believe the death penalty is administered unfairly than fairly.
- The findings are part of a new Gallup survey released last month.
Why it matters: The survey illustrates the country's shifting views on the death penalty at a time when many states grapple with how to handle capital punishment.
Zoom in: In Tennessee, executions have been on hold for more than a year following a third-party investigation into "operational failures" at the Tennessee Department of Correction.
- The investigation found officials participating in executions since 2018 hadn't properly tested lethal injection chemicals — a protocol that experts say safeguards against unconstitutional cruel and unusual punishment.
State of play: Lee said he expected the Tennessee Supreme Court would not schedule more executions until the state had retooled its protocol and revisited training procedures.
- "It's a very important issue that has to be done correctly," Lee told reporters in January. "We will take the time to fix the protocol and to make certain that we don't move forward until everything's in place."
- A TDOC spokesperson told Axios this week that the agency is still "in the process of developing a lethal injection protocol that ensures lawful and effective procedures."
Zoom out: Federal public defender Kelley Henry, who oversees death penalty cases in Tennessee, tells Axios the Gallup survey reflects additional problems with the way the death penalty is applied.
- "As the public learns about the racial and economic bias inherent in the death penalty they are coming to understand that it is a failed government program," she said in a statement.
- Death penalty opponents note that Tennessee's death row includes a disproportionate number of Black inmates. More than half of the 45 inmates on death row are Black, while Black residents make up 17% of the total population.
The big picture: Twenty-nine states have either abolished the death penalty or paused executions by executive action, according to a new year-end report from the Death Penalty Information Center.
What they're saying: Robin M. Maher, executive director of the Death Penalty Information Center, tells Axios the shift in public opinion shown in the Gallup survey was "the result of state secrecy laws which keep the public in the dark, many botched executions, and almost 200 exonerations of innocent people who were wrongfully sentenced to death."
- "Collectively, this is a body of evidence that has created a great deal of doubt about whether the public can trust the fairness and accuracy of the death penalty system."
Yes, but: While Americans question the way the death penalty is applied, a 53% majority still favors it, according to the Gallup poll.
- Overall support has been declining over time. That is the lowest level of support the poll has found since 1972.
- Support is higher among Republicans and lower among Democrats, according to Gallup.