The Death Penalty in the Legislature: Some Thoughts About Money, Myth, and Morality

Abstract

For more than a decade, Kansans have debated whether the state should adopt a system of capital punishment. In 1987 and 1989, after particularly stormy debates, the legislature narrowly defeated efforts to reinstate the death penalty. In political terms, these decisions were stunning. The newly elected Governor had made the imposition of capital punishment one of his top campaign issues. He had majorities of his party in both houses of the legislature. According to public opinion polls, his position was supported by the majority of citizens of the state. Moreover, bills reinstating capital punishment had passed in previous legislative sessions, only to be vetoed by the former Governor. Given the presumed popularity of capital punishment, it was difficult to understand why legislators would defy the wishes of their constituents or invite the wrath of the governor.