How they voted

Roll call of the Legislature’s vote Thursday on an amendment to a bill (LB377) that would change how death sentences are determined:

Yes (23): Aguilar, Ashford, Avery, Carlson, Chambers, Dierks, Dubas, Fulton, Howard, Johnson, Kopplin, Kruse, Lathrop, McGill, Nantkes, Pedersen, Preister, Raikes, Rogert, Schimek, Synowiecki, Wallman, White

No (25): Adams, Burling, Cornett, Engel, Erdman, Fischer, Flood, Friend, Gay, Hansen, Harms, Heidemann, Hudkins, Janssen, Karpisek, Langemeier, Louden, McDonald, Mines, Nelson, Pahls, Pankonin, Pirsch, Stuthman, Wightman

Excused (1): Christensen

Poll shows support for change

A recent Nebraska poll commissioned by Nebraskans Against the Death Penalty shows 51 percent of 500 respondents favored repeal of the death penalty if accompanied by life without parole and restitution to the victim’s estate.

It also showed 62 percent would favor a bill that would allow a jury to disallow a death penalty if a convicted murderer could be imprisoned for life without risk to the safety of others.

The poll of likely voters, which was conducted between March 29 and April 3 by Myers Research & Strategic Services of Springfield, Va., is the first one on the death penalty conducted in Nebraska in a while, said Eric Aspengren, executive director of Nebraskans Against the Death Penalty.

Fifty-four percent of the sample was registered Republicans, 34 percent registered Democrats and 12 percent independent voters. The margin of error was 4.38 percent.

Aspengren said the results did not surprise him because in the years he has worked against the death penalty he has seen people changing their minds about the issue. Nationwide polls show much the same results, he said.

The poll question on repealing the death penalty read: “Currently, Nebraska allows the death penalty for people convicted of first-degree murder, though only three people have been executed by the state in the last 40 years at a cost of at least $70 million to Nebraska taxpayers. The Legislature has considered a proposal that would repeal the death penalty and instead require life imprisonment without the possibility of parole, with a requirement of restitution to the estate of the victim. Would you say you favor or oppose that proposal?”

The poll showed 55 percent of Nebraska Democrats surveyed favored repeal of the death penalty and 34 percent opposed; 49 percent of Republicans favored repeal and 44 opposed; and 48 percent of independent voters favored repeal with 44 percent opposed. Fifty-three percent of women and 49 percent of men favored repeal.

Among younger college age respondents, 43 percent favored repeal and 52 percent opposed repeal.

On the proposal in LB377, both parties and independent voters gave a majority support, along with men, women and other subgroups.

Respondents also weighed in on these statements:

The death penalty is too arbitrary because some people are executed while others serve prison terms for the same crimes. Sixty-two percent agree, 30 percent disagree, 8 percent don’t know or refused to answer.

Defendants who can afford good lawyers almost never receive a death sentence. Sixty percent agree, 28 percent disagree, 12 percent don’t know or refused to answer.

I have moral doubts about death as a punishment. Forty-four percent agree, 48 percent disagree, 8 percent don’t know or refused to answer.

A 1991 poll of Nebraskans by the Northeastern University College of Criminal Justice asked: “If convicted murderers in this state could be sentenced to life in prison with absolutely no chance of every being considered for parole, would you prefer this as an alternative to the death penalty?” Forty-six percent said they preferred life without parole and 43 percent preferred the death penalty.

When restitution was added, 64 percent preferred life without parole with restitution and 26 percent preferred death.