ActiVote
← All analysis
March 29, 2021

Virginia abolishes the death penalty - what does America think?

On March 24th, 2021, Virginia abolished the death penalty. While it joins almost half of states (23 in total now), this is particularly significant for the role Virginia has played in the history of the death penalty.

The first execution in the United States took place in Virginia in 1608. The largest number of executions in any state since 1608 (over 1300) took place in Virginia. And since the 1976 Supreme Court decision that the death penalty is constitutional, Virginia has executed more people than any other state except Texas. So, when Virginia, the first Southern state to do so, abolishes the death penalty, it is a momentous occasion for those opposed to the death penalty.

The question we asked is what the American people think about the death penalty. As we found out, if you ask a nuanced question: it is complicated. We asked almost 4,000 participants to pick from the following five options:

  • The death penalty should be abolished in all states.
  • The death penalty should be banned except in cases with undeniable evidence for the most heinous crimes, such as war crimes and terrorism.
  • The death penalty should be allowed, however increased standards of proof should be applied before it can be applied.
  • The death penalty is an important tool to fight crime and should be allowed in all states.
  • The death penalty should be expanded and used more often to deter heinous crimes.

Nationally, among all our users, a minority of 37% believe that it should be abolished outright but a majority of 58% wants to abolish it for anything except war crimes and terrorism. Still, 1 in 3 Americans believes it should be allowed in all states or used more often.

The headline result
abolished
37%
banned with exceptions
21%
allowed with increased standard of proof
10%
allowed
23%
expanded
10%
See the details below →

If we combine the two answers that favor restricting it vs. the two answers that want to keep it or expand it then older individuals (50+) are more supportive of the death penalty than younger individuals (18-49 yrs) by about 20%,

The crosstabs
18-29
40%
26%
11%
14%
9%
30-49
44%
24%
17%
50-64
31%
13%
10%
32%
14%
65+
30%
21%
9%
29%
11%
abolishedbanned with exceptionsallowed with increased standard of proofallowedexpanded
See the details below →

Although there is a difference of opinion based on party affiliation, the differences are relatively small: Democrats are less supportive of the death penalty, but still 27% supports it or wants it expanded, compared to 40% for Republicans. On the other hand, 69% of Democrats want to see it abolished, or only allow it for terrorism and war crimes, while only 43% of Republicans think that way.

The crosstabs
Dem
44%
25%
20%
Rep
26%
17%
16%
22%
18%
Ind
27%
26%
9%
32%
abolishedbanned with exceptionsallowed with increased standard of proofallowedexpanded
See the details below →

While opinions differ over the death penalty with no clear majority either for or against, the trend of fewer executions and slowly increasing number of states that abolish the measure seems in line with the fact that it is deemed less acceptable by the younger generations.

The Details

The full crosstab table

ActiVote · Death Penalty · March 29, 2021
ActiVote 3756 RV abolished banned with exceptions allowed with increased standard of proof allowed expanded
National ±1.6% MoE 37% 21% 10% 23% 10%
Gender Men 37% 19% 12% 20% 12%
Women 37% 23% 7% 26% 8%
Age 18-29 40% 26% 11% 14% 9%
30-49 44% 24% 8% 17% 8%
50-64 31% 13% 10% 32% 14%
65+ 30% 21% 9% 29% 11%
Ethnicity White 31% 15% 12% 28% 14%
Black 33% 24% 7% 27% 10%
Latino 21% 27% 12% 30% 10%
Education High school 36% 19% 9% 24% 12%
Some college 38% 20% 9% 23% 10%
Bachelor's 36% 24% 12% 21% 8%
Income <50k 30% 28% 6% 25% 11%
50k-100k 40% 14% 13% 23% 10%
>100k 40% 22% 10% 19% 9%
Affiliation Dem 44% 25% 4% 20% 7%
Rep 26% 17% 16% 22% 18%
Ind 27% 26% 9% 32% 6%
Region Dark Red 44% 24% 7% 17% 9%
Light Red 35% 20% 11% 25% 9%
Swing 33% 18% 9% 33% 7%
Light Blue 36% 22% 13% 16% 13%
Dark Blue 37% 22% 9% 21% 12%
Methodology. Fielded March 2021 among 3756 registered voters nationwide. Responses weighted by Demographics and Spectrum. Average expected error ±1.6%. See Why trust our polls? for the methodology, disclosures and accuracy record.