Governor Newsom argues that racial discrimination “infects” the California death penalty
When Governor Gavin Newsom took office in California, he made a pledge that no prisoner in the state would be executed while he is governor. At the same time, he imposed a moratorium on the death penalty. More recently, he submitted a legal brief on behalf of a man on death ow, arguing that racial discrimination is a major factor in how California’s death penalty is administered.
While people have a wide range of opinions on the death penalty, with some arguing that it is necessary to punish wrongdoers, obtain justice, and deter others from engaging in similar conduct. Opponents of the death penalty argue that it is wrong for the state to kill anyone — and that too often, police, prosecutors, and juries get it wrong. In addition, studies have shown that the death penalty is more often requested — and imposed — when the defendant in a criminal case is a person of color.
As a murder defense lawyer in San Bernardino, CA can explain, Governor Newsom recently weighed in on the death penalty in California on behalf of a man who is currently on death row for murder. The defendant in that case, Don’te LaMont McDaniel, is Black. McDaniel and a co-defendant were convicted in 2004 of killing a rival gang member in Los Angeles, as well as an eyewitness to the attack.
McDaniel has appealed the imposition of the death penalty in his case. As part of his appeal, the California Supreme Court requested briefs — legal arguments — as to whether California’s death penalty is constitutional. In addition to Governor Newsom, six current and former county district attorneys submitted briefs arguing that the death penalty is both unfair and racially biased.
In his brief, Newsom argued that “racial discrimination infects the administration of California’s death penalty,” citing studies that concluded that defendants who are convicted of killing white people were more likely to be sentenced to death than people convicted of killing Black and Latinx people. The brief also argues that people of color are improperly excluded from juries.
No matter where you stand on the issue of the death penalty, we can all agree that if it exists, it should be fairly applied. When the state seeks to impose the most serious penalty on a person — one that cannot be undone — it should only do so in a process that is fair.
If you have been charged with a crime, whether it is a relatively minor offense or a capital crime, the Chambers Law Firm is here for you. We will aggressively advocate for your rights and your freedom, working to ensure that you are afforded due process under the law and a fair trial. To learn more or to schedule a free initial consultation with a murder defense lawyer in San Bernardino, CA, reach out to us today at 714-760-4088 or dchambers@clfca.com.
