The death penalty is suspended indefinitely as long as Newsom is governor
On March 13, 2019, Governor Gavin Newsom issued an executive order that made a massive change in the state’s criminal justice system. The order placed a moratorium on California’s death penalty, giving a reprieve to the 737 people on death row in California. He also ordered the immediate closure of the execution chamber at San Quentin State Prison. The order does not change any existing convictions or sentences.
According to Governor Newsom, “Our death penalty system has been — by any measure — a failure. It has provided no public safety benefit or value as a deterrent. It has wasted billions of taxpayer dollars. But most of all, the death penalty is absolute, irreversible and irreparable in the event of a human error.”
In a press conference, Governor Newsom spoke of his personal experience with the death penalty as part of his motivation for the moratorium. A family friend was convicted of murder, and only escaped the death penalty after one juror opposed it. This friend’s conviction was later overturned after the responsible party later came forward and took responsibility for the killing. Sources within his administration stated that the death penalty is inherently unfair, and is applied more often to people of color and those with mental disabilities.
Victims of violence were divided over this decision. While some argued that the state has the responsibility to eradicate evil, others believe that the state has no right to take a life in the name of their loved ones.
According to a criminal defense lawyer Rancho Cucamonga, CA, the last execution in California was carried out on January 17, 2006. Although the San Quentin execution chamber was upgraded in 2010, it has never been used. A court-ordered moratorium was put in place in February 2006, when a federal judge ruled that California’s lethal injection protocol was unconstitutional.
California voters have twice rejected ballot measures to abolish the death penalty. In 2016, voters approved Proposition 66, which would expedite executions by making the appeals process faster. The California Supreme Court rejected that portion of the initiative.
California has more people on death row than any other state in the country — and more than any other nation in the Western Hemisphere. California joins Colorado and Oregon as a state with a formal moratorium on the death penalty. Twenty states plus the District of Columbia have abolished the death penalty outright.
Californians hold strong views on the death penalty in California, as demonstrated by the close votes on ballot initiatives. Under this moratorium, however, prosecutors will be unable to use capital punishment as a potential consequence for crimes. For many in the criminal justice community, this will be seen as progress, particularly when it is often difficult to be assured of a defendant’s guilt.
If you have been charged with a crime, the Chambers Law Firm can help. With experience as both a prosecutor and a defense lawyer, attorney Dan E. Chambers will work with you to assist you in achieving a favorable outcome. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a skilled criminal defense lawyer Rancho Cucamonga, CA.
