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Recent media and political attention has raised public awareness of a number of issues surrounding the death penalty. Questions regarding innocence, fair trials, and equitable access to counsel and the appellate process are ubiquitous in coverage of the death penalty. Adequate information about public attitudes toward the death penalty in light of these issues is currently lacking. In 2002, as part of the annual Texas Crime Poll, questions were asked about confidence in the administration of the death penalty, support for the death penalty, and support for a moratorium. The results indicate that, although a majority of respondents support the death penalty, a substantial proportion lack confidence in its use and support a moratorium on executions. Of those lacking confidence and those supporting a moratorium, strong majorities maintain support for the death penalty (68% and 73%, respectively). These findings suggest that death penalty attitudes may be largely value expressive.
Recent media and political attention has raised public awareness of troubling questions surrounding the death penalty. Questions regarding innocence, fair trials, and equitable access to legal representation and the appellate process are ubiquitous in the news media's reporting on death penalty cases. Particular attention has recently focused on evidence that innocent individuals have been executed or are awaiting execution (liebman, Fagan, & West, 2000). In Illinois, such issues have led to a moratorium on executions and mass clemency hearings for those on death row. Moreover, the U.S. Supreme Court recently examined the constitutionality of the death penalty in several cases. Issues examined include execution of the mentally retarded (Atkins v. Virginia, 2002), the sentencing process (Kelly v. South Carolina, 2002; Ring v. Arizona, 2002), racial discrimination in jury selection (Miller-El v. Cockrell, 2003) and adequacy of legal representation (Bell v. Cone, 2002; Mickens v. Taylor, 2002; Wiggins v. Smith, 2003).
During both the 2001 and 2003 legislative sessions in Texas-a state that is notorious as the staunchest defender of capital punishment-several bills proposing a moratorium on executions were introduced. Although none passed, a bill that would have imposed a moratorium was thoroughly considered and received considerable legislative support during both sessions, eventually making it out of committee and being placed on the intent calendar of the senate during the 2001 session. A vote on the...