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Does California Have A Death Sentence
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Does California Have the Death Penalty?
California has had a complex history with capital punishment, oscillating between having a death penalty and attempts to abolish it. Currently, California does have the death penalty as an option for certain crimes, however, Governor Gavin Newsom issued a moratorium on executions in 2019. So while sentences can still be handed down, no executions have taken place since 2006.
Background on California’s Death Penalty
California enacted the death penalty statute in 1872, becoming one of the earlier states to allow capital punishment. From 1893 to 1937, state executions were carried out at San Quentin State Prison. In 1937, the death penalty was abolished for an eight year period before being reinstated. Since then, California has generally had the death penalty, except for a brief period in the 1970s.In 1972, the California Supreme Court ruled in People v. Anderson that the death penalty was a “cruel or unusual punishment” under the state constitution. Over 100 death row inmates had their sentences commuted to life in prison as a result. However, the death penalty was added again in 1977 after California voters approved a state constitutional amendment and death penalty statute.
Since 1978, when the current death penalty system was enacted, over 900 people have received a death sentence in California. In that time, only 15 inmates have been executed, due to exhaustive appeals processes and questions about lethal injection protocols. The last execution took place in 2006.So while California has had the death penalty for most of its history, it has seen vigorous public debate about whether to retain capital punishment or abolish it. There have been initiatives on the ballot to repeal the death penalty, though voters have rejected them. Currently it remains authorized by law and juries continue to hand down death sentences. However, the moratorium on executions means those sentences are unlikely to be carried out anytime soon.
Legal Challenges to California’s Death Penalty
California’s death penalty has faced a number of legal challenges in recent years, adding uncertainty about its future:
- In 2006, a federal judge ruled that California’s lethal injection protocol risked an unconstitutionally cruel or unusual punishment. This effectively halted further executions until revisions were made. However, officials have not yet created a new protocol.
- In 2014, a federal judge ruled that the delays in carrying out executions were unconstitutional, amounting to arbitrary punishment. This was overturned on appeal though.
- In 2019, Governor Newsom signed an executive order placing a moratorium on carrying out any executions while he is in office. This means that even though courts are still handing down death sentences, none will be carried out until a future governor lifts the moratorium.
So while these rulings have introduced additional uncertainty, California still has capital punishment authorized under law. However, whether executions will resume in the future depends on factors like the lethal injection protocol and the executive moratorium.
Current Death Row Population in California
As of 2022, California had the largest death row population of any state, with over 700 inmates sentenced to death. Many have been there for decades as they pursue appeals and habeas corpus petitions in both state and federal court.
Since 1978, more death row inmates have died from natural causes (over 150) than have been executed (15). And due to questions about the state’s lethal injection method, California has not executed anyone since 2006.So there is a large and growing backlog of death row inmates who have limited appeals remaining but are unlikely to face execution anytime soon due to the moratorium. The future of California’s death penalty turns on resolving this gridlock with measures like a revised lethal injection protocol, which has remained stalled for years in the state bureaucracy and court system.
Recent Votes on Repealing Capital Punishment
There have been several efforts in recent years to let California voters decide whether to repeal the death penalty and make life without parole the maximum punishment.
In 2012 and 2016, advocates gathered enough signatures to place repeal initiatives on the state ballot – Propositions 34 and 62. However, voters rejected both initiatives and chose to keep capital punishment.
While public opinion polls show Californians are closely divided on the death penalty, previous ballot measures indicate voters have not yet reached a consensus to abolish it completely.
However, Governor Newsom’s moratorium means no executions will take place in the near future regardless. So while California still has capital punishment on the books, the legal and political debates around it remain very active.
Conclusion
In summary, California has had an evolving relationship with the death penalty over its history. While state law currently allows capital punishment for certain egregious crimes, there is an executive moratorium in place halting any executions.
With over 700 inmates on death row but no executions since 2006, California epitomizes the complex legal uncertainties surrounding the death penalty in America today. While courts continue sentencing people to death, the future of actual executions remains unclear.
Repeal advocates have also tried but failed to convince voters to abolish capital punishment. For now, the death penalty remains authorized by law in California but is effectively on hold due to both legal barriers and the governor’s moratorium. So the future of this issue remains unsettled and open to debate on all sides.
Resources
Amnesty International Report on Death Sentences in 2021