240 online
 
Most Popular Choices
Share on Facebook 55 Printer Friendly Page More Sharing
OpEdNews Op Eds    H3'ed 8/27/16

California May Abolish the Death Penalty

By       (Page 1 of 2 pages)   1 comment

Marjorie Cohn
Message Marjorie Cohn
Become a Fan
  (13 fans)

Reprinted from Truthdig

Lethal Injection Bed
Lethal Injection Bed
(Image by (From Wikimedia) Ken Piorkowski, Author: Ken Piorkowski)
  Details   Source   DMCA

On Election Day, California voters will make a monumental moral and financial decision. Proposition 62 -- the Justice That Works Act -- is on the Nov. 8 ballot, and if the initiative passes, it will replace the death penalty with life in prison without parole. It will also require convicted murderers to work and pay restitution to their victims' families. And it will save taxpayers $150 million a year, according to the Legislative Analyst's Office.

Among the states still part of the U.S. death penalty system, California has the most people on death row -- 746. Florida is next, with 388 according to the Yes on 62 campaign. Overall, 2,943 people are on death row in the United States (as of Jan. 1) -- meaning almost one in four people waiting to be executed are in the California penal system. The elderly make up 11 percent, and the oldest condemned inmate is 86. The average stay on death row is 18 years.

Although California has spent about $5 billion administering the death penalty, it has executed just 13 people since 1978. This means taxpayers have spent about $384 million per execution.

There is no evidence demonstrating that the death penalty deters crime, according to a 2012 National Academy of Sciences study. Capital punishment has been applied arbitrarily due to inherent bias, local political pressures on prosecutors and judges, and lack of access to quality defense attorneys by those convicted. According to Death Penalty Focus, the race of the victim and the race of the defendant are major determinants in who is sentenced to death in this country.

According to the Death Penalty Information Center (DPIC), since 1973, 156 people sent to death row nationwide were later exonerated. A 2014 study conducted by the Proceedings of the National Academy of Sciences concluded that 4.1 percent of all death row inmates are actually innocent. But the innocence rate is more than twice the rate of exoneration. That means an unknown number of innocent people have been or will be put to death. "Every time we have an execution, there is a risk of executing an innocent," said Richard Dieter, former executive director of the DPIC. "The risk may be small, but it's unacceptable."

The United States has no uniform law on the death penalty. Each state is free to choose whether or not to execute people. Nineteen states have abolished the death penalty. The Inter-American Commission on Human Rights determined that this discrepancy violates the American Declaration of the Rights and Duties of Man, which the U.S. has signed.

And look at the company we keep. Only China, Iran, Iraq and Saudi Arabia execute more people than the United States.

Comparing Proposition 62 and Proposition 66

California voters will be confronted with two competing death penalty propositions on the November ballot.

Whereas Proposition 62 would replace the death penalty with life in prison without parole, Proposition 66 -- the Death Penalty Reform and Savings Act -- purports to execute Californians more efficiently. The latter initiative would double down on the death penalty and spread the costs and burdens to local courts and counties.

Under the guise of efficiency, Proposition 66 would add two additional layers of habeas corpus review in superior and appellate courts. It would impose unworkable time frames for appeals and habeas proceedings. And it would require attorneys who may be inexperienced, unqualified or unwilling to take death penalty cases or face expulsion from the court's public defender panel.

Moreover, Proposition 66 would transfer 746 inmates to new death row facilities at local prisons built and maintained with county funds. Counties would be on the hook to provide separate housing, guards with specialized training, security level IV facilities, and unique physical and mental health accommodations.

The increased workload on superior and appellate courts would take up a significant and (in some counties) overwhelming percentage of local resources. Proposition 66 prioritizes death penalty cases at the expense of all other matters before the criminal and civil courts. The judicial system's ability to handle issues like business claims, family custody hearings and traffic tickets in a timely manner would be negatively impacted.

With a backlog of more than 150 capital appeals and habeas petitions now awaiting review, and hundreds more in the pipeline, the California Supreme Court would have to turn its full attention to death penalty cases for years, to the exclusion of other important matters, in order to meet Proposition 66's proposed timeline.

Next Page  1  |  2

(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).

Rate It | View Ratings

Marjorie Cohn Social Media Pages: Facebook page url on login Profile not filled in       Twitter page url on login Profile not filled in       Linkedin page url on login Profile not filled in       Instagram page url on login Profile not filled in

Marjorie Cohn is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, deputy secretary general of the International Association of Democratic Lawyers, and a member of the National Advisory Board of Veterans for Peace. Her most recent book is Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues. See  (more...)
 

Go To Commenting
The views expressed herein are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.
Writers Guidelines

 
Contact AuthorContact Author Contact EditorContact Editor Author PageView Authors' Articles
Support OpEdNews

OpEdNews depends upon can't survive without your help.

If you value this article and the work of OpEdNews, please either Donate or Purchase a premium membership.

STAY IN THE KNOW
If you've enjoyed this, sign up for our daily or weekly newsletter to get lots of great progressive content.
Daily Weekly     OpEd News Newsletter
Name
Email
   (Opens new browser window)
 

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

Stanford Antiwar Alums Call for War Crimes Investigation of Condoleezza Rice

Robert Mueller Is Moving Toward Donald Trump

"Big Brother is Watching You" -- Beyond Orwell's Worst Nightmare

Bradley Manning Treatment Reveals Continued Government Complicity in Torture

Obama's Af-Pak War is Illegal

Obama Spells New Hope for Human Rights

To View Comments or Join the Conversation:

Tell A Friend