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U.S. | Do all victims’ family members support the death penalty?

There is a com­mon­ly held belief that use of the death penal­ty is always sup­port­ed by the friends and fam­i­lies who have lost loved ones to vio­lence. Prosecutors and elect­ed offi­cials often argue that only the death penal­ty will bring them the clo­sure and jus­tice they deserve. Family mem­bers are invit­ed to wit­ness exe­cu­tions in cap­i­tal cas­es on the the­o­ry that doing so will help meet their needs for ret­ri­bu­tion and closure. 

While this feel­ing may be true for some, oth­ers feel dif­fer­ent­ly, includ­ing some who oppose the death penal­ty in all circumstances.

Studies sug­gest use of the death penal­ty does not always bring fam­i­lies the clo­sure they seek and may actu­al­ly inter­fere with the heal­ing process. In addi­tion, the lengthy nature of cap­i­tal cas­es, the emo­tion­al dif­fi­cul­ty of griev­ing after an act of vio­lence, and the lack of fund­ing for vic­tim ser­vices often leave vic­tims’ fam­i­ly mem­bers with­out the sup­port they need.

The assump­tion that all vic­tims’ fam­i­lies favor the death penal­ty is so entrenched that fam­i­lies who oppose the death penal­ty some­times expe­ri­ence dis­crim­i­na­tion with­in the crim­i­nal jus­tice sys­tem from pros­e­cu­tors, judges, or court-appoint­ed vic­tims’ advocates.” — Victim advo­ca­cy group, Murder Victims for Human Rights

Fact: Capital cas­es are lengthy, and phys­i­cal­ly and emo­tion­al­ly exhaust­ing for many vic­tims’ families. 


Capital cas­es are always lengthy, giv­en the pro­ce­dur­al safe­guards in the sys­tem intend­ed to pro­tect indi­vid­u­als from wrong­ful con­vic­tion, and the process can slow the heal­ing process for griev­ing fam­i­ly mem­bers. Marilyn Armour, the Director of the Institute for Restorative Justice and Restorative Dialogue, has worked with homi­cide sur­vivors for over two decades. She and fel­low researcher Mark Umbreit pub­lished a study in 2012 com­par­ing how vic­tims’ fam­i­ly mem­bers cope with loss in Texas, a death penal­ty state, and Minnesota, which does not have the death penal­ty. Their research inter­viewed fam­i­ly mem­bers at dif­fer­ent stages after the ini­tial sen­tence and found that par­tic­i­pants from Minnesota showed a marked decrease in grief symp­toms over time, unlike those from Texas. The Minnesota fam­i­lies were able to move on soon­er, as they did not have to repeat­ed­ly relive their trau­ma through the lengthy appeals process, tes­ti­fy­ing about their loss and fac­ing the defen­dant in court.

Professors Amour and Umbreit iden­ti­fied the ​“crit­i­cal dynam­ic” at play in vic­tim recov­ery as ​“the con­trol sur­vivors felt they had over the process of get­ting to the end.” Victims’ fam­i­ly mem­bers in Minnesota report­ed feel­ing greater con­trol over their heal­ing process ​“like­ly because the appeals process was suc­cess­ful, pre­dictable, and com­plet­ed with­in two years after con­vic­tion[.]” In con­trast, the study not­ed that the appeals process in Texas was ​“drawn out, elu­sive, delayed, and unpre­dictable.” That gen­er­at­ed ​“lay­ers of injus­tice, pow­er­less­ness, and in some instances, despair.” Both study groups expe­ri­enced high lev­els of grief and sor­row, but Minnesotans, ​“no longer hav­ing to deal with the mur­der­er, its out­come, or the crim­i­nal jus­tice sys­tem,” had the abil­i­ty and the ener­gy need­ed ​“for personal healing.”

Fact: Executions do not mean clo­sure for all vic­tims’ family members.


In the lat­est devel­op­ments of the antic­i­pat­ed Idaho mur­der tri­al of Bryan Kohberger, pros­e­cu­tors who nego­ti­at­ed a plea deal, remov­ing the pos­si­bil­i­ty of the death penal­ty, explained their deci­sion to the vic­tims’ fam­i­lies. According to the Idaho Statesman, a let­ter sent to the fam­i­lies stat­ed that the plea was the most just out­come, as it would spare them from ​“the uncer­tain­ty of decades of post-con­vic­tion appeals.” Among the four affect­ed fam­i­lies, one fam­i­ly was vocal about the plea deal. The fam­i­ly of Kaylee Goncalves wrote on Facebook, ​“We are beyond furi­ous at the state of Idaho. They have failed us.”

While pros­e­cu­tors in the Kohberger case even­tu­al­ly agreed to dis­miss the death penal­ty, this approach is not con­sis­tent across all cas­es. In oth­er cas­es, pros­e­cu­tors argue that a death sen­tence is the only sen­tence which can pro­vide clo­sure to the victim’s fam­i­ly. During the Texas tri­al of Paul Storey, for exam­ple, pros­e­cu­tors lied to the jury and said that “[i]t should go with­out say­ing that all of Jonas [Cherry’s] fam­i­ly and every­one who loved him believe the death penal­ty was appro­pri­ate.” In real­i­ty, Mr. Cherry’s par­ents opposed the death penal­ty and even­tu­al­ly released a video sup­port­ing Mr. Storey’s clemen­cy request, say­ing: ​“Paul Storey’s exe­cu­tion will not bring our son back.”

While vic­tims’ fam­i­lies hold dif­fer­ent views on the death penal­ty, some reject the idea that com­plete clo­sure can ever be achieved after a loss to vio­lence. As the pre­vi­ous exam­ples show, grief is very per­son­al and fam­i­lies process it in var­ied ways. A 2009 study by Nancy Berns explored the notion of clo­sure in the con­text of the death penal­ty and found that for many fam­i­ly mem­bers of the vic­tims, clo­sure is often elu­sive. For the study, Professor Berns reviewed stud­ies on death penal­ty rhetoric and the soci­ol­o­gy of emo­tion. Professor Berns notes ​“many fam­i­lies of mur­der vic­tims argue that there is no such thing as clo­sure and there­fore dis­dain the word.” She explains how the emo­tion­al effect of exe­cu­tions on victim’s fam­i­ly mem­bers is not straight­for­ward and leaves some with ​“emo­tive dis­so­nance – they do not feel the clo­sure promised … it still hurts” or they come away ​“even angrier.” 

Fact: Capital cas­es divert resources that could be used to sup­port vic­tims’ family members. 


Implementing cap­i­tal pun­ish­ment requires more resources, which could be allo­cat­ed to sup­port the needs of vic­tims and their fam­i­lies instead. The Ohio Attorney General esti­mat­ed in 2023 that ​“the extra cost of impos­ing the death penal­ty on the 128 inmates cur­rent­ly on Death Row might range between $128 mil­lion to $384 mil­lion.” By way of con­trast, in 2022, the Ohio leg­is­la­ture appro­pri­at­ed $9 mil­lion in 2024 and $7 mil­lion in 2025 for Ohio’s Crime Victim Compensation Program. The study esti­mat­ed in 2023 that ​“the extra cost of impos­ing the death penal­ty on the 128 inmates (sic) cur­rent­ly on Death Row might range between $128 mil­lion to $384 mil­lion.” In 2022, the Ohio leg­is­la­ture appro­pri­at­ed $9 mil­lion in 2024 and $7 mil­lion in 2025 for Ohio’s Crime Victim Compensation Program.

Imagine all the time, ener­gy, and resources we spend on the death penal­ty sys­tem instead going toward pro­grams that help address the trau­ma of pover­ty and neglect – to tru­ly improve lives. Or imag­ine show­ing the peo­ple who endure and sur­vive vio­lence – dis­pro­por­tion­ate­ly peo­ple of col­or – that our lives mat­ter and that we deserve healing.” — Sharlette Evans, whose three-year-old son was killed in a dri­ve-by shoot­ing in 1995.

At one time I believed that the death penal­ty would ben­e­fit peo­ple like my moth­er and me, but in real­i­ty noth­ing could be fur­ther from the truth … We should take the mon­ey that we waste on the death penal­ty and put it toward bet­ter equip­ping [the police], or toward oth­er pro­grams that actu­al­ly reduce crime… It is impor­tant that there is fund­ing to pro­vide ser­vices that will help griev­ing and trau­ma­tized fam­i­lies like ours.” — Neely Goen, whose father Conroy O’Brien, a Kansas State Trooper, was killed in the line of duty in 1978.

Source: Death Penalty Information Center, Lisa Torrecillas-Jouault, July 21, 2025




"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."
— Oscar Wilde


Comments

  1. The belief that closure is valid, is hogwash. You never forget a traumatic event. And hatred will consume the hater. Every execution creates new victims. Why would I want that for some other poor souls? Prisons are no walk in the park. But society deserves to be safe on the street from violent offenders. The death penalty does not prevent crime. It is a crime.
    I am against it in all situations. A victim survivor.

    ReplyDelete

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