High-profile murders in Wisconsin's recent history have prompted the death penalty referendum appearing on the Nov. 7 ballot and may strongly influence voters' stance on the issue, experts say. But some law experts see more problems than benefits in reconsidering capital punishment.
State Senator Alan Lasee, R-De Pere, authored the resolution in January 2005.
""There have been a number of murders that have occurred here in Wisconsin that have been extremely disturbing,"" he said, referencing Jeffrey Dahmer and David Spanbauer, the 1990s serial rapist and murderer.
""News seems to be very prominent in shaping public opinion,"" UW communication arts professor Joanne Cantor said.
""Emotional images often affect cognitive decisions ... one of the responses is we have to change the laws.""
Recent high-profile cases include Steven Avery and Chai Vang, a deer hunter who killed six people in the Rice Lake area in November 2004.
""If you see a lot of coverage of murder, particularly in your community, that's going to increase your level of anxiety about being a victim,"" Cantor said.
Lasee said the death penalty would only be used for extreme cases.
""[Executions] are pretty few and far between even though thousands of people are murdered in the U.S.,"" he said. ""Even if we were to reinstate it, district attorneys would not be required to ask for it.""
Kenneth M. Streit, a UW-Madison law professor and crime statistics expert, said infamous murders can sway the public's opinion on the death penalty.
""High profile homicides have the effect of getting people angry with a system that can't seem to stop people from killing other people,"" Streit said.
Streit added when people see a high stakes problem like murder, they are more willing to grasp at any solution presented rather than think through the issue.
Keith A. Findley, co-director for the Wisconsin Innocence Project and associate UW law professor, said death penalty proponents use high-profile cases to scare the public.
""We all feel that sense of outrage and even fear, but what's really important to understand is the death penalty doesn't make us safer and it doesn't mete out appropriate sanctions for those kind of offenses,"" he said.
The referendum includes a clause stating the death penalty could only be administered in cases where DNA evidence is present. Findley, however, said the clause is actually a reason to vote against the amendment.
""There is absolutely no way to be absolutely certain that you are convicting and executing only guilty people,"" Findley said. ""As powerful as DNA can be, it can also be relatively meaningless depending on the rest of the evidence of the case.""
The referendum also states the death penalty can only apply to those convicted of first-degree intentional homicide.
""It's a rare situation that you have a non-impulsive homicide,"" said Streit. He said the threat of the death penalty is unlikely to change the behavior of someone about to commit a murder.
""Making life or death decisions is simply something that is beyond our capacity as human beings to do fairly and rationally,"" Findley added.
Lasee disagreed: ""[Murderers] have no second thoughts about murdering again. There are evil people in this world. As a legislator, I try to protect people,"" he said.
Wisconsin has the longest ban on capital punishment in the country. The last execution occurred in 1851.
