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When the Death Penalty Goes Public: Referendum, Initiative, and the Fate of Capital Punishment

2 Citations2019
Austin D. Sarat, John Malague, Lakeisha Arias de los Santos
Law & Social Inquiry

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Abstract

This article considers what happens when the death penalty is put on the ballot. It reviews the history of referenda/initiatives concerning capital punishment from the start of the twentieth century to the present. That history reveals the role that referenda/ initiatives have played in struggles against and within governmental institutions. In addition, we find that abolitionists seldom prevail in those electoral contests. We consider the implications of these findings for the prospects that the death penalty could be ended democratically.