Blog
Does California Have The Death Penalty
Contents
Does California Have the Death Penalty?
California is one of 27 states that currently has the death penalty. However, the application of capital punishment in California has been complex and controversial. No executions have taken place in California since 2006 due to legal challenges, and Governor Gavin Newsom issued a moratorium on executions in 2019. But the death penalty still remains legal under California state law.
Background on California’s Death Penalty
California reinstated the death penalty in 1978 through a statewide ballot initiative called Proposition 7. Since then, hundreds of inmates have been sentenced to death in California. However, only 13 executions have been carried out since 1978.The last execution in California took place in January 2006, when Clarence Ray Allen was put to death by lethal injection for a triple murder. A month later, a federal judge ruled that California’s three-drug lethal injection protocol risked causing excessive pain, which amounted to cruel and unusual punishment. This effectively placed a moratorium on executions in California.
Numerous legal challenges and a shortage of execution drugs have prevented any executions from taking place in over 15 years. Currently, there are over 700 inmates on California’s death row.
Governor Newsom’s Executive Order
In March 2019, Governor Gavin Newsom signed an executive order placing a moratorium on carrying out any executions in California.
Newsom argued that the death penalty was biased, wasteful, and did not deter crime. He stated that he could not “sign off on executing hundreds and hundreds of human beings,” knowing that among them were people who had been wrongly convicted.
The governor’s moratorium means that even though inmates are still being sentenced to death in California, no executions will take place for the duration of his time in office. However, Newsom’s executive order did not invalidate California’s death penalty law.
The Death Penalty Remains Legal in California
Despite the governor’s moratorium, capital punishment still remains legal in California under state law.
Proposition 66, a ballot measure approved by voters in 2016, was aimed at speeding up executions by setting a 5-year timeline for death penalty appeals. Proposition 66 is still in effect, which means the mechanisms for carrying out executions are still intact even though no executions are happening.
Newsom’s successor could decide to lift the moratorium and resume executions. Additionally, Proposition 66 is still facing legal challenges which could impact the future of California’s death penalty law.
So in summary:
- Hundreds of inmates are still under death sentences in California
- Mechanisms for executions are still legally in place
- The moratorium could be lifted at any time
This means that despite over 15 years without an execution, the death penalty still remains active on the books under California state law.
Ongoing Legal Challenges
While Governor Newsom’s executive order stands for now, the future of the death penalty in California remains tied up in legal challenges.
A lawsuit aiming to overturn Proposition 66 went to the California Supreme Court in 2022. The suit argues that Proposition 66 unlawfully changed procedures in place for how the state constitution can be amended. A ruling striking down Proposition 66 could invalidate the push to speed up executions.
Additionally, individual death row inmates continue challenging their sentences and convictions. For example, in August 2022 a judge overturned the death sentence of David Westerfield in San Diego due to juror misconduct.
So while executions remain on hold for now, the future of capital punishment in California remains unsettled and awaits further court rulings.
Public Opinion on the Death Penalty
Public support for the death penalty has declined substantially in California since the 1980s and 1990s. However, a small majority of Californians still support capital punishment under certain circumstances.
A 2021 poll from the Public Policy Institute of California found that around 56% of California adults support life in prison without parole over the death penalty for people convicted of first-degree murder. However, support varied depending on the specific circumstances of the crime.
In particular, 67% of Californians would prefer the death penalty over life without parole for “someone who has committed multiple murders.” So while the majority of Californians seem to prefer alternatives to capital punishment, many still want the death penalty option for certain egregious crimes.
Conclusion
In summary, even with Governor Newsom’s moratorium halting executions, the death penalty still remains legal in California state law. Hundreds of inmates are still under death sentences, and the mechanisms for executions are still legally intact.
However, the future of capital punishment in California remains uncertain. Ongoing lawsuits aim to invalidate the push to speed up executions under Proposition 66. Individual legal challenges continue to overturn some death penalty verdicts when flaws emerge. And if public opinion continues trending away from capital punishment, more changes could still occur.
But for now, California law still allows for the death penalty even if executions themselves are on hold for an indefinite period. The complex legal battles around this issue will likely continue playing out for years to come.
Resources
California Death Penalty Fast Facts – Overview of key stats on California’s death penalty from Death Penalty Information Center
List of People Executed in California – Wikipedia list of executions in California since 1893
Proposition 66 Lawsuit Explained – Overview of case aiming to overturn California’s Proposition 66 from CapRadio