Getting to the emotional heart of the death penalty

Susan Bandes, who has done a lot of interesting work on law and emotions, has this new piece about the death penalty posted on SSRN.  The piece is entitled "The Heart Has its Reasons: Examining the Strange Persistence of the American Death Penalty," and here is the abstract:

The debate about the future of the death penalty often focuses on whether its supporters are animated by instrumental or expressive values, and if the latter, what values the penalty does in fact express, where those values originated, and how deeply entrenched they are. In this article I argue that a more explicit recognition of the emotional sources of support for and opposition to the death penalty will have salutary consequences for the clarity of the debate.  The focus on emotional variables reveals that the demarcation between instrumental and expressive values is porous; both types of values are informed (or uninformed) by fear, outrage, compassion, selective empathy and other emotional attitudes.  More fundamentally, though history, culture and politics are essential aspects of the discussion, the resilience of the death penalty cannot be adequately understood when the affect is stripped from explanations for its support.  Ultimately, the death penalty will not die without a societal change of heart.