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The Death Penalty and the Peculiarity of American Political Institutions

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Abstract

This article examines distinctive American political institutions that contribute to explaining the continued use of the death penalty. In the light of wide popular support for capital punishment, strong political leadership is considered to be a principal channel for the abolition of capital punishment. The dilemma of the US death penalty, however, lies in populist features of political structures that greatly limit the political leverage and possibilities available to leaders. The institutional arrangements in the United States allow public support for the death penalty to influence political decision making more directly than it can in the European counterpart. A strong receptiveness of US political leaders to the public also implies that once public opinion changes, political leaders are likely to respond to the public’s new attitude. Unlike most countries, which abolished the death penalty through political initiatives that were counter-majoritarian, the United States may abolish it only after a change in public opinion.

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Notes

  1. Joel Blocker, “France/U.S.: Criticism Tempered on Decision to Seek Death Penalty for Moussaoui,” Middle East News Online, April 2, 2002; Philip Shenon and Neil A. Lewis, “A Nation Challenged: The Conspiracy Trial; U.S. to Seek Death Penalty For Moussaoui in Terror Case,” New York Times, March 28, 2002; The Associated Press, “Germany Sets Terms for Sharing Evidence Against Terror Suspect: Moussaoui Charged in Sept. 11 Conspiracy,” September 1, 2002.

  2. The Associated Press, “Mexico Extradition Policy Highlighted,” June 25, 2003.

  3. Renate Wohlwend, “The Efforts of the Parliamentary Assembly of the Council of Europe,” in The Death Penalty: Abolition in Europe, edited by the Council of Europe (Strasbourg: Council of Europe Publishing, 1999), 65; Council of Europe, “Statutory Resolution (93) 26 on Observer Status,” adopted by the Committee of Ministers on May 14, 1993 at its 92nd Session, 1993. http://cm.coe.int/ta/res/1993/93x26.htm. Accessed on May 10, 2006.

  4. Harold Hongju Koh, “Paying ‘Decent Respect’ to World Opinion on the Death Penalty,” U.C. Davis Law Review 35(5) (June 2002): 1108.

  5. Amnesty International, “The Death Penalty in 2005,” http://web.amnesty.org/pages/deathpenalty-stats2005-eng. Accessed on May 15, 2006.

  6. All the survey results come from the Gallup Institute, which has conducted extensive death penalty surveys since 1936.

  7. George H. Gallup ed., Gallup International Opinion Polls, Great Britain, 1937–1975 (New York: Random House, 1976), 774.

  8. Sara Sun Beale, “Federal Criminal Jurisdiction,” in Encyclopedia of Crime & Justice, edited by Joshua Dressler (New York: Macmillan, 2002).

  9. Franklin E. Zimring, The Contradictions of American Capital Punishment (New York: Oxford University Press, 2003), 120.

  10. Kristi Tumminello Prinzo, “The United States – ‘Capital’ of The World: An Analysis of Why the United States Practices Capital Punishment While the International Trend is Towards Its Abolition,” Brooklyn Journal of International Law 24 (1999): 878–888.

  11. Robert M. Bohm, Deathquest: An Introduction to the Theory and Practice of Capital Punishment in the United States (Cincinnati: Anderson, 1999), 187–188.

  12. Phoebe C. Ellsworth and Samuel R. Gross, “Hardening of the Attitudes: Americans’ Views on the Death Penalty,” Journal of Social Issues 50(2) (1994): 23.

  13. Ellsworth and Gross, “Hardening of the Attitudes”: 22.

  14. Mark Obmascik, “Death Penalty Politics,” The Denver Post, September 21, 1997.

  15. Simmons v. Roper, 543 US 551 (2005), Ante, at 22.

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Correspondence to Sangmin Bae.

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Bae, S. The Death Penalty and the Peculiarity of American Political Institutions. Hum Rights Rev 9, 233–240 (2008). https://doi.org/10.1007/s12142-007-0043-1

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  • DOI: https://doi.org/10.1007/s12142-007-0043-1

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