More Americans for first time say death penalty applied unfairly: Gallup

For the first time in at least two decades, more Americans say the death penalty is applied unfairly than not, according to the latest Gallup annual crime survey, released Monday.

Fifty percent of Americans surveyed say the death penalty is applied unfairly, and 47 percent say it is applied fairly, according to the poll conducted Oct. 2-23. 

The last time the question was asked, in 2018, 45 percent of respondents said it was applied unfairly, and 49 percent of respondents said it was applied fairly.

Gallup began surveying Americans in 1936 on their support for the death penalty for convicted murderers. In 2000, Gallup began asking whether the death penalty was applied fairly or unfairly. In 2023, 53 percent support the death penalty — the lowest in five decades. The support, however, has not dropped much from the 55 percent and 54 percent who supported the death penalty in the last three years.

A significant partisan divide remains in the support for the death penalty and in those who think it’s applied fairly.

A record-low share of Democrats support the death penalty, at 32 percent in 2023, compared to 35 percent in 2022, 34 percent in 2021 and 39 percent in 2020. Support overall has fallen among Democrats since the beginning of the century, when 56 percent of Democrats supported the death penalty. Support among Democrats peaked in 2002 at 65 percent. 

Republicans’ support for the death penalty has remained consistent since the start of the century. In 2023, GOP support is at 81 percent, up from 77 percent in 2022. In 2000, 80 percent of Republicans supported the death penalty. 

Support among independents has fallen, though less dramatically than Democrats’ support. In 2023, 51 percent of independents support the death penalty, down from 54 percent in 2022. In 2000, 68 percent of independents supported it.

Those who say the death penalty is applied fairly reveals similar trends. 

Among Republicans, 68 percent think the death penalty is applied fairly, compared to 73 percent who said it was applied fairly in 2018, when the question was last asked. Among Democrats, 28 percent say it’s applied fairly, compared to 31 percent in 2018. Among independents, 46 percent say it’s applied fairly, compared to 47 percent in 2018.

The death penalty is legal nationally and in 27 states. After 17 years without any federal executions, 13 people were executed in the final six months of former President Trump’s term.