California Capital Punishment Laws

California laws on the death penalty are complicated and contentious. Although capital punishment remains legal in the state, the death penalty has shifted dramatically in recent years. Capital punishment laws have also undergone significant legal reforms. This shift reflects America's view on the changing trends in the death sentence.

This article looks into the nuances of capital punishment laws in California. It explores the intricacies and legal challenges that shaped the current rules on the death penalty.

Does California Allow the Death Penalty? 

Yes. Technically, in California, the death penalty is legal. The last execution conducted in the state was in 2006 of death row inmate Clarence Ray Allen. But since 2006, California hasn't executed anyone. Then, in 2019, California Gov. Gavin Newsom put a moratorium on all death penalty cases.

What Are the Methods of Execution Allowed in California?

California allows lethal gas and lethal injection as methods of execution. This method complies with the lethal injection protocol established over the years. Condemned inmates could choose between these two methods of execution. Back in 1993, lethal injection became the primary method of execution. If an inmate does not select the method of execution, the state uses lethal injection as a default method.

What Offenses Qualify for Capital Punishment?

The following crimes qualify for capital punishment:

• First-degree murder under the California Penal Code. This first-degree murder is for those with special circumstances. Special circumstances include if the person who committed the crime has a prior murder conviction; the killing involves the murder of a law enforcement officer, judge, prosecutor, witness, or a member of the jury.
• Committing murder involves torture or murder with the use of poison, explosives, or murder with gang activities.
• Treason
• Sabotage of a railroad operation causing deaths
• Activities that interfere with U.S. military operations resulting in death.

History of the Death Penalty in California

California death penalty laws have undergone significant changes over the years. At present, the state halts all executions of inmates in California. Yet, it remains one of the states in the country with the highest number of inmates. According to the data released by the Death Penalty Information Center, California has 632 inmates on death row as of July 2024.

Starting in 1967, California has not executed any inmates. This has continued for 25 years due to multiple state and U.S. Supreme Court decisions. Then, in February 1972, the California Supreme Court ruled that the death penalty is a cruel and unusual punishment under the state constitution. This ruling resulted in the removal of 107 inmates from the death row. The court then resentenced them to life imprisonment with the possibility of parole.

In 1977, the California State Legislature decided to bring back the death penalty. This move allowed the state to provide a death sentence for certain first-degree murders.

Over the years, the state added more special circumstances that could lead to the death penalty. By the year 2000, the state had 39 death penalty-eligible crimes. But in 2012, California initiated Proposition 34 on the ballot, seeking to replace the death sentence with life imprisonment without possibility of parole. But only 48% of California voters supported the proposition, eventually leading it to fail.

Then, in 2016, the state passed Proposition 66 by a small margin, earning 51% support from Californian voters. The State Supreme Court upheld Proposition 66's constitutionality but limited the scope of its provisions.

In 2019, a significant shift happened when Newsom placed a moratorium on all death penalty cases in California. The governor signed an executive order halting the execution of 737 death row inmates. This moratorium suspends all death row executions in the state as long as Newsom sits as the governor.

What Are the Recent Activities Related to California's Death Penalty Laws?

In 2023, Newsom dismantled California's death row in San Quentin State Prison. The move shifted death row inmates to a more rehabilitative approach. With the help of the California Department of Corrections and Rehabilitation (CDCR), 101 of California's death row inmates got moved to general-population prisons all over the state.

The move aims to phase out the practice of isolating condemned inmates based on their sentences. This move also reflects California's evolving stance on capital punishment.

Seek Legal Advice from a Criminal Law Attorney

Suppose you or someone you know is facing legal issues related to the death penalty or other criminal charges in California. You can seek legal advice from a criminal law attorney. They can help you understand the complexities of capital punishment and, if possible, help you in the appeals process. They can also look at the mitigating circumstances available to your case that could lower your penalty or apply for clemency.

FindLaw offers a directory of criminal law attorneys in California. Whether you are in Los Angeles, San Francisco, or San Diego, some people can help you with your case.