CONSTITUTIONAL ISSUES RELATIVE TO THE DEATH PENALTY SPECIAL HEARING OF THE ASSEMBLY COMMITTEE ON CRIMINAL JUSTICE

• NCJ Number: 52085
• Author(s): ANON
• Date Published: 1977
• Length: 65 pages
• Corporate Author: California Legislature
• Sale Source: National Technical Information Service
• Language: English
• Country: United States of America

Annotation

THIS TRANSCRIPT OF A HEARING CONDUCTED BY THE CALIFORNIA ASSEMBLY CONCENTRATES ON CONSTITUTIONAL ISSUES RAISED BY RECENT DECISIONS OF THE UNITED STATES SUPREME COURT AND THE CALIFORNIA SUPREME COURT IN DEATH PENALTY CASES.

Abstract

FOLLOWING A REVIEW OF EVENTS IN CALIFORNIA SINCE THE FURMAN DECISION (1972) IN THE U.S. SUPREME COURT AND THE ANDERSON DECISION (1972) IN THE CALIFORNIA SUPREME COURT, THE CONSTITUTIONAL SAFEGUARDS NECESSARY FOR ANY NEW DEATH PENALTY BILL ARE EXAMINED. IN 1973 CALIFORNIA ENACTED A MANDATORY DEATH PENALTY BILL WHICH WAS INVALIDATED BY U.S. SUPREME COURT DECISIONS INVOLVING OTHER STATES. AT THE REPORTED HEARING PROSECUTORS URGE THE ASSEMBLY TO DRAFT A NEW, NONMANDATORY BILL CONSISTENT WITH LEGISLATION UPHELD BY THE U.S. SUPREME COURT. EXPERTS IN TRIAL LAW DISCUSS THE PROBLEMS INHERENT IN ANY DEATH PENALTY BILL AND PRESENT FIGURES WHICH INDICATE THAT IN THE PAST SUCH PENALTIES HAVE BEEN APPLIED UNFAIRLY. THE SPECIAL PROBLEMS ENCOUNTERED AS THE RESULT OF CALIFORNIA SUPREME COURT DECISIONS ARE CITED. BRIEF COMPARISONS ARE MADE WITH SITUATIONS IN OTHER STATES. AN APPENDIX LISTS ALL CASES CITED DURING THE TESTIMONY. (GLR)