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Newsom Faces Pressure to Commute California's Death Sentences
Developing
In Short: California, with one-quarter of the nation's death sentences, could see a mass commutation under outgoing Governor Gavin Newsom, who is expected to seek the Democratic nomination for president in 2028.
Gavin Newsom, the outgoing California governor, is under pressure to commute the state’s death sentences, a move that would significantly impact the nation’s capital punishment system. In 2019, Newsom halted executions, citing the state’s death penalty system as a failure. As he prepares to leave office in January, advocates and international human rights groups are calling for him to take action, allowing hundreds of people to spend the rest of their lives in prison rather than face execution.
The state’s death penalty system has been criticized for its inequities, with data from 9,000 U.S. death sentences showing disparities that date back 50 years. No California governor has granted clemency to a person on death row since 1967, and the system has become a political battleground. Largely Republican counties vote for district attorneys who pursue death sentences, while executions are the responsibility of governors, who have a more Democratic electorate. This political divide has led to a backlog of appeals and a lack of executions for two decades.
The state spends approximately $200 million annually on legal costs in capital cases, even as most people facing execution are waiting to secure a lawyer. In 2022, Newsom signed a law making it easier for people in prison whose cases were affected by racial bias to seek to have their sentences overturned. This move, while positive, has not resolved the broader issues surrounding the death penalty system.
A mass commutation by Newsom would have a profound effect on capital punishment in the United States, reducing the total number of people under a death sentence by more than a quarter. It would also outstrip similar moves by other governors and even President Joe Biden, who commuted 37 death sentences before leaving office. However, Newsom cannot act on his own; the California Supreme Court would need to approve commutations for people with multiple felony convictions, which make up more than half of the relevant cases.
The political implications of such a move are significant, especially given that Newsom is widely expected to seek the Democratic nomination for president in 2028. A mass commutation could be seen as a bold stance on criminal justice reform, but it could also be politically risky. Newsom declined to answer questions about commutations, leaving the future of the state’s death penalty system uncertain.
What's still developing
- While some states have gotten rid of the death penalty, and others carry out regular executions, California has ended up with a bloated, dysfunctional system that satisfies virtually nobody.
- A standoff between aggressive local prosecutors who keep pursuing death sentences and more liberal statewide leaders has led to two decades without an execution and a colossal backlog of appeals.
Sources
- CalMatterslink