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Does The State Of California Have The Death Penalty
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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. Yet 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. Since then, all executions have been halted due to legal challenges regarding the state’s lethal injection procedures and protocol.In 2019, Governor Gavin Newsom signed an executive order placing a moratorium on executions. This means no death sentences can be carried out while Newsom is in office. However, the death penalty still remains legal under California state law.As of 2022, there were 690 inmates on California’s death row. This is the largest death row population of any state in the country. However, their death sentences cannot currently be enforced due to the governor’s moratorium.
Key Legal Challenges to California’s Death Penalty
There have been several major lawsuits in recent years challenging the way California administers capital punishment. These lawsuits have prevented any executions from taking place over the past 15 years.
Lethal Injection Protocol
One of the main legal barriers has focused on California’s lethal injection procedures. Death penalty opponents have argued that the state’s three-drug lethal injection protocol risked subjecting inmates to cruel and unusual punishment, which would violate the 8th Amendment.This issue went all the way to the California Supreme Court. In 2018, the court upheld California’s lethal injection protocol. However, revisions to the procedures are still needed before any executions can resume.
Racial Discriminations Claims
Another major lawsuit alleged racial discrimination in how the death penalty was applied in California. An African American man on death row argued systemic racial bias affected charging decisions by prosecutors when seeking the death penalty.A judge agreed, finding that racial discrimination infected the administration of California’s death penalty. However, this decision was overturned on appeal. The California Supreme Court ruled there was no evidence of racial bias in current death penalty sentencing. But the ruling did not impact previously raised claims of bias in individual cases.
The Future of the Death Penalty in California
The future of California’s death penalty remains uncertain. Executions are still on hold due to the governor’s moratorium. Legal challenges continue to work their way through the courts.And public opinion on this issue is shifting. Recent polls show that a small majority (51%) of Californians now prefer life in prison without parole instead of the death penalty. Changing attitudes may impact how aggressively prosecutors seek death sentences moving forward.
Repeal Efforts
There have been several efforts to fully repeal the death penalty in California through ballot measures and legislation. However, these attempts have not yet been successful.The last ballot initiative aimed at abolishing capital punishment failed 53% to 47% in 2016. Opponents argued the death penalty should remain for the worst crimes, but the system needs reform rather than outright repeal.While no executions are taking place, repealing the death penalty altogether would require another statewide vote of the people to change the law.
Executive Actions
Governor Gavin Newsom’s executive order halted executions in California. However, the next governor could decide to reverse this action.If a new governor rescinds the execution moratorium, lethal injection legal barriers would still have to be resolved in courts before carrying out death sentences. But executions could theoretically resume if those issues were settled in the state’s favor.
Ongoing Legal Appeals
Many inmates have raised claims regarding the constitutionality of their death sentences or trial errors that violated their rights. For those with pending appeals making their way through state and federal courts, it’s uncertain if or when they could be executed.Overturning an individual death sentence does not impact the overall constitutionality of the death penalty in California. But it would prevent that condemned inmate from being executed.
Conclusion
In summary – yes, California still has the death penalty as an option under state law for certain crimes. However, major legal barriers and an executive order moratorium from the governor have halted all executions since 2006.The future of capital punishment in California remains uncertain. Changing public opinion and ongoing lawsuits could see further reforms. But the death penalty statute still remains on the books, leaving open the possibility of executions resuming one day.The complexities around this issue will likely continue to play out in California’s court system and at the ballot box for years to come. While currently in legal limbo, there are still hundreds of inmates on the state’s death row awaiting the final resolution.
Resources
[An overview of California’s death penalty from the LA Times] (https://www.latimes.com/california/story/2022-06-29/california-death-penalty-explained)[Details on California’s lethal injection protocol and legal challenges from the California Department of Corrections and Rehabilitation] (https://www.cdcr.ca.gov/capital-punishment/lethal-injection-protocol/)[A report on changing public opinion of the death penalty in California from the Public Policy Institute of California] (https://www.ppic.org/publication/californians-views-on-the-death-penalty/)[Information on efforts to repeal the death penalty in California from Death Penalty Focus] (https://deathpenalty.org/state/california/)