NCJ Number
87706
Date Published
1983
Length
13 pages
Annotation
An analysis of the politics associated with the use of the death penalty from 1958 to 1981 in California shows that the governors, legislators, and judges have not been unified on its use even though the public has consistently supported it.
Abstract
Edmund G. 'Pat' Brown, governor from 1958 to 1966, opposed the death penalty, but the clear public and legislative support for it dictated that it be used until the courts, the legislature, or the people decided that it was unconstitutional or not necessary. Although Ronald Reagan, governor from 1967 to 1974, favored capital punishment, only one execution occurred during his two terms. While Reagan and the legislature both favored capital punishment, additional executions were precluded when the State Supreme Court issued a blanket stay on all executions in 1967. The following year, the Court narrowly ruled the State's death penalty laws constitutional but reversed the death penalty convictions of two defendants. In 1972, the Court ruled six to one that the death penalty was a violation of the State constitution's prohibition against cruel or unusual punishment. In 1976, during the term of Jerry Brown, the legislature reenacted capital punishment legislation, and Brown's veto was overridden. Under the new law, a death sentence can be applied in first degree murder convictions involving any of six special circumstances. Because of the actions of the State Supreme Court, however, Brown has not faced an execution during his 8 years in office. In the next 10 years, barring a U.S. Supreme Court decision to abolish capital punishment, a few executions will most certainly occur in California, although most of the State's serious offenders will receive life in prison without possibility of parole.