(NewsNation) — More Americans believe that the death penalty is applied unfairly in the United States, marking an increase since 2018, according to a new Gallup survey. 

This is the first time since the survey began in 2000 that a higher percentage feel the death penalty is unjust compared to those who think it’s fair, 47%. 

While capital punishment is legal at the federal level and in 27 states, it has been abolished in 23 states and Washington, D.C.

The survey, conducted from Oct. 2-23, 2023, also reveals a shift in public opinion over the years. From 2000 to 2015, most Americans, between 51% and 61%, believed the death penalty was applied fairly, but since 2016, the average has dropped to 49%. 

Republicans have consistently supported the idea that the death penalty is fairly applied, with 68% currently holding this view. On the other hand, Democrats have been less likely to see it as fair, with the current reading at 28%, the lowest in Gallup’s trend. Independents, at 46%, also tie their lowest reading from 2000.

Gallup’s historical data shows that, since the first inquiry in 1936, most Americans have generally favored the death penalty. However, the current support of 53% is the lowest since 1972, but not statistically different from readings over the past three years. 

Partisan differences persist, with 81% of Republicans and 51% of independents favoring the death penalty, while 65% of Democrats oppose it. The 32% of Democrats supporting capital punishment is the lowest in Gallup’s trend. 

In 2023, support for the death penalty among independents and Democrats is notably below their recent averages of 60% and 48%, respectively, while Republican support remains similar to the 79% average.