Death Penalty Series: Washington State Ends Death Penalty

The state’s highest court ruled that the death penalty is unconstitutional.

Death Penalty Series: Washington State Ends Death Penalty

The death penalty is a major part of American jurisprudence — but that reality is slowly changing, as states slowly begin to outlaw its use. The most recent state to do so is Washington. This October, the Washington Supreme Court struck down the death penalty, finding that it is unconstitutional and “racially biased.”

This ruling makes Washington the 20th state in the United States without the death penalty. In many other states, the last executive took place many years ago — including in California. The last inmate executed in California was Clarence Ray Allen, who was killed via lethal injection in 2006.

The Washington case will not impact any scheduled executions because the state had issued a moratorium on the death penalty in 2014. Previously, the last execution was carried out in 2010. However, the ruling is important for anti-death penalty advocates because it is a rejection of capital punishment. According to the justices, the death penalty is “…invalid because it is imposed in an arbitrary and racially biased manner.” The decision was unanimous.

As an Anaheim criminal defense attorney can explain, the language used in the Washington decision echoes that used by United States Supreme Court justices in previous death penalty cases. In 2015, Justice Stephen Breyer stated that the use of the death penalty was “capricious, random, indeed, arbitrary,” and that for those sentenced to death, it was the equivalent of being struck by lightening. He made the same point again in 2016 when discussing California’s use of the death penalty.

In California, the death penalty is a controversial issue. In the 2016 election, Proposition 62 would have replaced the death penalty with life in prison. On the same ballot, Proposition 66 kept the death penalty as law and sped up the process by expediting the way in which appeals were processed. Proposition failed, receiving 46% of the vote in favor of the proposition. Proposition 66 passed with 51% of the vote. California remains home to the largest death row in the Western Hemisphere, with more than 700 prisoners awaiting execution.

Although there are strong feelings on both sides of this issue, there is no doubt that feelings about the death penalty are evolving. Part of the shift has been a result of the lack of drugs available to perform the preferred method of execution: lethal injection. This has put many states in the position of finding other ways to perform executions. But for many politicians and judges, the reason for the evolution away from the death penalty has been a realization that it is often unfairly applied.

Whatever your feelings on the death penalty may be, this latest ruling from the Washington Supreme Court will certainly have an impact throughout the West Coast. It may even inspire change within California as part of an overall criminal justice reform movement.

At the Chambers Law Firm, our skilled Anaheim criminal defense attorneys are dedicated to helping our clients achieve the best possible outcome for their case. If you have been charged with a crime, contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.

.
Call Us Today