Public engagement with issues of capital punishment: online responses to Kennedy v. Louisiana (2008)
Date
2011
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Publisher
University of Delaware
Abstract
This paper examines public response to the case of Kennedy v. Louisiana (2008) via the comments section of Internet newspapers reporting on the case. Those who comment on the article are freely able to discuss their feelings and sentiments toward the case and its eventual outcome. The results indicate that those opposing the decision specifically and in support of the death penalty in general argue for the necessity of the death penalty to fulfill justice, the importance of "vicarious victim experience", and express an overall lack of support and confidence in the criminal justice system. I also find that these responses are largely emotional and focused on specific justice goals, such as incapacitation and deterrence. Those commenters that agree with the decision believe that the Supreme Court carried out the constitutional interpretation correctly, that "vicarious victim experience" makes decision-making difficult and biased, and believe that shortcomings associated with the death penalty outweigh its necessity for justice. Overall, many of the arguments reveal a lack on consensus surrounding the role of the Constitution, to whom it applies, and the discretion of criminal justice and court officials, and reveal important features of popular Constitutionalism.