Volume 5, Issue 3
December 2006
ABOLITION NOW!
Kentucky Coalition to Abolish the Death Penalty
P.O. Box 3092 Louisville Kentucky 40201-3092
(502) 636-1330 cadp@earthlink.net — website: www.kcadp.org
2006 Statewide Poll Shows Kentuckians
Overwhelmingly Reject Death Penalty
Kentuckians have overwhelm-
ingly rejected the death penalty as
the most appropriate punishment
emai
KY Death Penalty Attitudes 2006
for those convicted of aggravated m NotSure
murder in response to a_ polling
question asked in the Summer
2006 Kentucky Survey conducted 70 « 20-50 Years
by the University of Kentucky Sur-
vey Research Center. 60
Interviews were completed with m= LWOP for 20
836 Kentuckians over 18 years old 50
between August 14 and September 40 30.5%
6, 2006. The survey question gave LWOP for 25
respondents a choice of the penal- 30 Yrs
ties now available to jury members
who sit for death penalty trials. 20 & Life W/O
Two-thirds of the respondents, Parole
67.6%, rejected the death penalty 10
as the MOST appropriate penalty Death Penalty
for aggravated murder. Less than 0
one-third think the death penalty is
the MOST appropriate penalty. Only
2% selected none of the available
penalties.
Death Other than Death — None of the
Above
The center column in the chart
presents a breakdown of the re-
spondents answers, with a plurality
of Kentuckians, though not a major-
ity, preferring life without the possi-
bility of parole forever. Just over ten
QUESTION ASKED BY UNIVERSITY OF KENTUCKY RESEARCH CENTER
If a person is convicted in Kentucky of aggravated murder, which of the following
punishments do you personally think is MOST appropriate: The death penalty;
Life in prison without parole forever; Life in prison with the possibility of parole for
25 years; Life in prison without the possibility of parole for 20 years; 20 to 50
years in prison with no parole possible until 85% of the sentence is served.
percent believe life without parole
for 25 years is MOST appropriate; 5.6% felt a life sentence with parole possible in 20 years is MOST appropriate; and 15.5%
selected a term of 20—50 years with no parole possible until 85% of the sentence is served as the MOST appropriate penalty.
KCADP asked Dr. Gennaro Vito, a professor at the University of Louisville, to take this new polling data and compare its
results to the results of polls conducted in Kentucky since 1989. His article appears inside on pages two and three.
The Kentucky Coalition to Abolish the Death Penalty will continue to press lawmakers to reflect the clear desire of Kentucki-
ans by repealing the law that allows the use of the death penalty. Kentuckians overwhelmingly support the other sentences
already available to juries in aggravated murder cases. These severe penalties hold the guilty accountable and protect society.
Abolishing the death penalty will also insure that Kentucky does not execute any innocent persons, as it almost did in the
case of Larry Osborne. Kentucky's Supreme Court unanimously ordered a new trial for Osborne after rejecting his death sen-
tence and the guilty verdict imposed by a jury that used hearsay evidence to convict him. The jury in the second trial found him
not guilty and Osborne regained his freedom.
Page 2
December 2006
Kentuckian’s Attitudes toward the Death Penalty: a 17-Year Comparison!
Nearly 7 out of 10 Kentuckians favor a long term sentence (e.g. Life without Parole) over capital punishment for convicted murderers.
By Gennaro F. Vito
Support for Death Penalty Wanes to 30.5%
Support for the death penalty in Kentucky declined from
35.9% to 30.8% over 10 years from 1989 to 1999 and re-
mained consistent at about 30 percent for the seven years
since 1999. This decrease may be due to the publicity given
to cases, like Illinois, where innocent individuals were incar-
cerated on death row. This level of support for the death
penalty is also substantially lower than the lowest figure ever
registered in a national poll on capital punishment, 38 per-
cent support in 1966.
Support for Long Term Sentences
Sharply Increases to 67.6%
Over the same time period, Kentuckians have revealed a
distinct preference for long term sentences like life without
parole for convicted murders, rising from 46 percent in 1989
to a peak of almost 68 percent in 2006. Again, the popular-
ity of a long term sentence may be due to the fact that, if an
A17-Year Comparison
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60%
50%
40%
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@ Long Term Sentence
@ Not Sure
In the 2006 survey, long tem sentence includes ‘Life without
parole forever (36.2%)," ‘Life in prison without the possibility
of parole fro 25 years (10.3%),” ‘Life in prison without the
possibility of parole for 20 years (5.6%),” and “20 to 50
years in prison with no parole possible (15.5%)."
error is discovered, it is not irrevocable. Executions cannot
be reversed.
Opinions by Y ear and Age
, 75.9%
oe 63.1% 66.5% N
57.8% = N IN
60% +” . EN WN
B aN WN
N WN
WN IN
A K
40% UN UN
VN WN
A A
5 LN WN
20% f UN UN
W AN
0% +
18-21 22-30
31-39 40-
49 50-59 60-69 70+
w Death Penalty 1999
§ Long TermSentence 2006 NotSure 1999
@ Death Penalty 2006
@ Long Term Sentence 1999
ONot Sure 2006
80%
70%
60%
50%
40%
30%
20%
10%
Opinion By Education
68.1% 69.3% 67.6% 179%
N N N
N N\ PN
N
N N
N N N
N W N
N W N
N NGEW
0% +
Less than
High School Graduate
High School Some College
Advanced
Degree
College
Graduate
mw Death Penalty 1999
@ Death Penalty 2006
tyLong TermSentence 2006 Not Sure 1999
G Long Term Sentence 1999
@ Not Sure 2006
A comparison of death penalty atti-
tudes of Kentuckians over the past two
surveys (seven years) by demographic
groups was also completed. Here, the
differences between age groups for the
past two surveys are presented.
In general, death penalty support was
lowest in both surveys for the youngest
age group in both years (18-21). Support
for a long term sentence was highest for
this group. Support for capital punish-
ment generally increased with age with
the exception of the oldest group whose
levels of opposition paralleled that of the
youngest age group. Traditionally, youths
and elders have expressed little support
for capital punishment.
It is notable that death penalty sup-
port never rose to a majority position for
any age group for either survey.
On the other hand, a long term sen-
tence was the preferred penalty for every
age group across both surveys.
Although it never rose to a majority
status for any educational level in either
year, death penalty support appeared to
increase with the level of education for
both years.
However, in the 2006 survey, Ken-
tuckians with an advanced degree had
the lowest level of support for capital
punishment (about 19 percent) and the
highest level of support for a long term
sentence (79 percent) as a punishment
for convicted murderers. This finding has
also been consistently true in national
polls on capital punishment.
Continued on page 3
December 2006 Page 3
Death Penalty Rejected Regardless of Age, Education, Race
Continued from page 2
Traditionally, whites have registered Opinion By Race
higher levels of support for capital punish-
ment than minority groups. This pattern 100% |
held for both survey years. Once again,
support for capital punishment failed to 80% |
assume a majority position in either year.
Blacks had the lowest level of support
for the death penalty, especially in the
2006 survey and the highest level of sup-
port for a long term sentence for con- 20%
victed murderers. Racial bias has been a
consistent research finding in studies of 0% 4
capital sentencing, including in Kentucky White Other
where the research results contributed to m Death Penalty 1999 B Death Penalty 2006
the passage of the Racial Justice Act. Bi Long Term Sentence 1999 & Long Term Sentence 2006
Conclusion @ Not Sure 1999 G Not Sure 2006
These four survey results over 17
years Clearly reveal that the majority of
Kentuckians favor a long term sentence over the death penalty for convicted murderers.
This support has intensified over the past two waves of surveys between 1999 and 2006, increasing 21.6% from 1989 to
2006.
Policy and decision makers at all levels of government, especially legislators and criminal justice operatives, should take
note of the consistency of these findings as the people of Kentucky are expressing their opinions clearly.
82.80%
x 74.80%
67.10%
60%
40%
sThe Survey Research Institute of the Urban Studies Institute at the University of Louisville conducted the 1989, 1997 and 1999 surveys. In October of 1989, data were collected
from a probability sample of 811 Kentucky households (margin of error = + 2.5%). The 1997 survey was conducted in July and had an N of 709 (margin of error = + 2.5%). The 1999
survey was conducted in December and had an N of 909 (margin of error = + 4.8%). The 2006 survey was conducted in August and September by the University of Kentucky and
had an N of 836 (margin of error = + 3.3%).
Gennaro F. Vito is a Professor in the Department of J ustice Administration at the University of Louisville. He also serves as a faculty
member in the Administrative Officer's Course at the Southern Police Institute, Vice Chair, and Graduate Program Coordinator. He
holds a Ph.D. in Public Administration from The Ohio State University. Active in professional organizations, he is a past President and
Fellow of the Academy of Criminal J ustice Sciences.
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4
Page 4
December 2006
ow is always the time to consider abolishing
the death penalty. The national decline in
death sentences, another botched lethal injec-
tion in Florida in December, and the court decision in
California declaring lethal injection, as practiced there,
unconstitutional constitutes another wake-up call—no, a
piercing scream—that the state should not be in the busi-
ness of killing citizens.
Not only does our killing—the killing is done in our
names—endanger the lives of innocent persons, it hard-
ens us so that many are lulled into believing the killing of
the guilty is done humanely. That is, until Florida, a state
that gave up the chair after flames shot out through the
victim’s head, spent 34 minutes torturing a man to death
with lethal drugs.
Kentucky has at least one thing in common with Flor-
ida: setting free, for reasons of innocence, someone con-
demned to death. To date Kentucky's experience is lim-
ited to one person, Larry Osborne, and he is one person
too many. Florida has had to free 20 from its death row,
so flawed is its death sentencing machine.
We have the opportunity in this state to do the right
thing and abandon the use of the death penalty before
the inevitable story on the nightly news and on the front
2007 General Assembly Provides Next
Chance to Abolish the Death Penalty
page of every newspaper is how we tortured a person to
death on a gurney in the death chamber of the Kentucky
State Penitentiary.
Over the past 17 years the people of Kentucky have
been asked their opinions about the use of the death
penalty and have consistently answered that they can live
without it. Certainly they want to be safe from violent kill-
ers. And in choosing severe penalties like life without pa-
role, they want to see violent killers held accountable and
punished harshly, to lose their freedom until they are
found stiff in their cells.
With not a shred of evidence to suggest that the use
of the death penalty serves any significant advantage
over life without parole, a civil society must act to rid it-
self of the death penalty.
Abolishing the death penalty will stop the possible exe-
cution of innocent persons and allow for their release
when necessary, avoid any potential for mistakes that
end up in the torturing of the condemned, and restore
credibility to our system of justice.
We urge every member of KCADP to be active during
the 2007 session of the General Assembly, contacting
and urging those who represent us to abolish the death
penalty because NOW is the time to do so.
Two spared; two added to Death Row
In the last issue, KCADP reported on Abdul
Malik, facing death because a van he drove after a
robbery was involved in a fatal accident. The Com-
monwealth agreed to let Malik plead guilty, rather
than go to trial. He received a 20-year sentence.
In Fayette County, Judge Gary Payne spared
Taquan C. Neblett from the death sentence recom-
mended by the jury and sentenced him to life with-
out parole for 25 years for the murder of Derek Elam
at a Lexington music store. It is very unusual for a
Kentucky judge to do this.
Meanwhile, William Meece was sent to Death
Row in November for killing Joseph and Elizabeth
Wellnitz and their son Dennis in 1993 in Adair
County. His trial had been moved from Columbia to
Bowling Green
Also in November, Jefferson Circuit Judge Martin
McDonald sentenced Shawn Windsor to death for
the slaying of his estranged wife, Betty Jean Win-
dsor, and their son Corey. Windsor refused a jury
trial, pled guilty and asked for the death sentence.
Defense attorneys tried, unsuccessfully, to save him
from himself.
P.O. Box 3092
(502) 636-1330
form.
If there is no
date on your
address label or
a date prior to
12/31/2006 ,
Kentucky Coalition
to Abolish the Death Penalty
Louisville, Kentucky 40201-3092
Email: kcadp@ earthlink.net
Website: www.kcadp.org
please take the
time to renew
your member-
ship. See page 3
for membership
