Capital punishment in California

In the U.S. state of California, capital punishment is not allowed to be carried out as of March 2019, because executions were halted by an official moratorium ordered by Governor Gavin Newsom.[1] Before the moratorium, executions had been frozen by a federal court order since 2006, and the litigation resulting in the court order has been on hold since the promulgation of the moratorium. Thus, there will be a court-ordered moratorium on executions after the termination of Newsom's moratorium if capital punishment remains a legal penalty in California by then.[2][3]

The state carried out 709 executions from 1778[clarification needed] until 1972 when the California Supreme Court struck down California's capital punishment statute in the case People v. Anderson.[4][5] California voters reinstated the death penalty a few months later, with Proposition 17 legalizing the death penalty in the state constitution and ending the Anderson ruling. Since that ruling, there have been just 13 executions, yet hundreds of inmates have been sentenced. The last execution that took place in California was in 2006. Two people condemned in California (Kelvin Malone and Alfredo Prieto) have also been executed in Missouri and Virginia respectively.[6][7]

As of May 2022, official California Department of Corrections and Rehabilitation (CDCR) records show that there are 689 inmates awaiting execution in California, the lowest it has been since 2011, primarily due to suicide, death from other causes, fewer juries willing to sentence people to death, and resentencings by newly elected district attorneys, among other things. 21 of those on death row are women, held at the female death row in the Central California Women's Facility (CCWF) in Chowchilla, with the other 668 inmates awaiting execution being men that are housed throughout the state, although most men are housed in San Quentin State Prison.[8]

California voters rejected two initiatives to repeal the death penalty by popular vote in 2012 and 2016, and they narrowly adopted in 2016 another proposal to expedite its appeal process.[9] On August 26, 2021, the California Supreme Court upheld the state's death penalty rules.[10]

  1. ^ "California governor to halt executions". BBC News. March 13, 2019. Retrieved March 13, 2019.
  2. ^ "D.A.-elect George Gascón's ban on new death sentences is a welcome change". Los Angeles Times. November 12, 2020. Retrieved February 1, 2021.
  3. ^ "Civil Rights Groups Accuse California District Attorneys of Unlawfully Interfering in Death Penalty Lawsuit". Death Penalty Information Center. March 11, 2021. Retrieved March 13, 2021.
  4. ^ Cite error: The named reference ruscin was invoked but never defined (see the help page).
  5. ^ Cite error: The named reference engelhardt was invoked but never defined (see the help page).
  6. ^ "Inmates Executed 1978 to Present". Capital Punishment.
  7. ^ "Condemned Inmates Who Have Died Since 1978". Capital Punishment.
  8. ^ "Condemned Inmate List". California Department of Corrections and Rehabilitation. Retrieved February 28, 2021.
  9. ^ "California votes to keep death penalty". sacbee.com. Retrieved November 9, 2016.
  10. ^ Thompson, Don (August 26, 2021). "California Supreme Court upholds death penalty rules". Associated Press. Retrieved September 15, 2021.

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