Colorado effort to repeal death penalty

The bill to repeal the death penalty in Colorado did not make it out of committee. Governor Hickenlooper was threatening to veto the bill. Additionally, some Democratic committee members who had stated they were opposed to the death penalty nonetheless prevented it from leaving the committee, on the grounds that it was an issue that required more public input.

This could be seen as punting, and in some sense it is. But there’s also some merit to it. Notwithstanding the fact that politicians need to make tough decisions and lead, they also need to respect the will of their constituents, and the morality of the death penalty is an intensely personal question. Especially for families of victims, and families of an accused. So, it’s debatable, but on a question like this change in policy should probably follow change in public opinion, not lead it. Medical (and non-medical) marijuana and gay rights have been making enormous strides in large part because of their movements’ education of the public over the last 5 to 15 years, which has led to greater understanding and tolerance by people previously opposed to both. The results are tangible, and likely to stick because the policy changes have happened after the public was largely ready for them.

In Colorado, there is substantial opposition to the death penalty, but the numbers are hard to say. The wording of the poll questions greatly influences the results, and many polls are conducted by groups trying to “push” public opinion, not just measure it. The results are therefore all over the board, with the numbers in favor of abolishing the death penalty anywhere from about 27% to 55%, depending on the wording and timing of the poll.

Whatever the real number, it does not appear to be a clear majority. Opponents of the death penalty should not necessarily be disheartened, though, by the political setback. With more time to educate the public, they may get closer to a point where they can repeal the death penalty in Colorado with a broader consensus. If done with a broader consensus, the repeal will have more legitimacy and would be less likely to be reversed by a subsequent legislature. Until then, the good news is Colorado does not execute many people, and the most profound and catastrophic risk of the death penalty– execution of an innocent person– does not seem likely in the next several years. That will be small comfort for those generally opposed to the death penalty, but this is a work in progress.