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August 17, 2016

Noting that the 2016 major Prez candidates seem disinclined to say much about the death penalty

Donald-Trump-Hillary-ClintonThe Guardian has this lengthy new article providing an interesting take on the modern realities of presidential politics and capital punishment. The article is headlined "Politics and the death penalty: for Clinton and Trump, safest stance may be silence: Neither candidate seems keen to take on the controversial topic of capital punishment in the 2016 election, despite waning public support for it." Here are excerpts:

Donald J Trump phoned in to Fox & Friends in May 2015, shortly after two police officers were shot dead in Mississippi. Presenter Steve Doocy wanted to know what an appropriate punishment for the killers would be. “Well, it’s the death penalty,” Trump said airily.  “We have people who are, these two, animals who shot the cops … the death penalty, it should be brought back and it should be brought back strong.”

A month later, Trump announced he was running for president. He has barely said the words “death penalty” in public since, although a top adviser has called for Hillary Clinton’s execution, saying she “should be put in the firing line and shot for treason”.

Clinton only talks about capital punishment when pressed and then, clumsily. Unlike most of her own party — including running mate Tim Kaine — the Democrat supports death in the case of terrorists. She has said she would be happy if someone would outlaw execution. Someone else.

In campaign 2016, the safest stance on the ultimate punishment may be silence. Both candidates need to woo disaffected members of the other’s party.  Neither can afford to lose their own loyal base.  “Why bring it up if it’s going to stir the pot if you don’t have to?” said Sherry Bebitch Jeffe, senior fellow at the University of Southern California’s Sol Price School of Public Policy.

For the first time since 1972, the Democratic party platform advocates repealing the death penalty. Mainstream Republican opinion has begun to turn away from it, too. Executions and death sentences are down nationwide, while the number of exonerated death row inmates creeps upward.

The percentage of Americans who support the death penalty has been steadily declining since its high of 80% in the mid-1990s, although a comfortable majority — 61% according to Gallup, and 56% according to the Pew Research Center — still favor the use of capital punishment for a person convicted of murder.  And California — with the biggest death row in the country — could become the sixth state in recent years to do away with executions as voters there face dueling ballot measures in November, one to repeal the death penalty, the other to streamline it.

Trump has increasingly positioned himself as a law and order candidate. He doubled down on fear of immigrant criminals in his speech to the Republican national convention and recently said he supported “extreme vetting” of people from other countries. Yet he has so far shied away from promising grisly execution for murderers.  The main exception was a December speech to the New England Police Benevolent Association, a police officers’ union, in which he promised an executive order mandating death sentences for cop-killers. (This would not work out, in any case; mandatory death sentences were rendered unconstitutional by a 1976 supreme court decision.)...

The Republican platform, recently ratified at the party’s convention in Cleveland, contains just two sentences on the subject of capital punishment.  “The constitutionality of the death penalty is firmly settled by its explicit mention in the Fifth Amendment,” it says.  “With the murder rate soaring in our great cities, we condemn the Supreme Court’s erosion of the right of the people to enact capital punishment in their states.”...

In the 1980s and 90s, opposition to the death penalty was “political poison in most elections”, said Robert Dunham, executive director of the Death Penalty Information Center. “Now, you are seeing Republican legislators, many of them conservative Republicans, openly oppose the death penalty.”  Still, most of the decline in death penalty support comes from Democrats, according to a 2015 study by Pew Research Center.  Nearly 60% of Democrats oppose the death penalty, compared to just 25% in 1996.

Which may be part of the problem for Clinton, who was roundly criticized for her awkward responses to questions about the death penalty during the primary season. Both of her primary rivals — Vermont senator Bernie Sanders and former Maryland governor Martin O’Malley — opposed capital punishment. Now that the general election is under way, a Clinton challenge will be getting Sanders’ fervent and progressive supporters to the polls.

August 17, 2016 at 09:58 AM | Permalink

Comments

Oh well. The strong abolitionist side (as compared to the prudential one that know, e.g., her nominees to the courts will continue the recent trend if not eventually strike it down) that has a sliver of the electorate will have to take the one much closer to their position. Sanders supports Clinton now. The sliver of "fervent" supporters who don't want to will find something ... this doesn't seem to be the top thing though.

Net, we are talking two politicians running for office, and Clinton can say various things that will appeal to most of those likely to vote for her. "Clumsy" here means she doesn't want to voice a blunt statement. This makes her a typical candidate on such a subject, which even among those inclined to vote Democrat include many who think it is warranted in narrow cases. The alternative being Trump helping.

She already is saying she is very wary of how the states are handling it. I guess she has something like Doug Berman's position regarding federal crimes -- there are certain really serious national crimes she thinks the death penalty might be warranted for & the federal government can do a better job trying them.

But, Clinton realizes even there problems arise. Still, Congress pass laws authorizing it & she has the job of executing those laws. Apparently, some think the fact she doesn't want to strongly carry out her executive power to completely not use the death penalty there is swishy. Anyway, an out there is judicial review, which is also part of the system, and relies on nine, not one person, at the end of the day.

Posted by: Joe | Aug 17, 2016 11:20:41 AM

Great article! Definitely worth the time to read.

Posted by: David Bjornson | Aug 19, 2016 11:25:56 AM

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