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Published byPhoebe Carpenter Modified over 9 years ago
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California Death Penalty History: Pretty typical patterns -- Few executions -- Privatization and centralization -- More “humane” executions -- Mostly poor, minorities and immigrants (recent arrivals to the state) (recent arrivals to the state)
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California Death Penalty Abolition: -- Last exec in 1967 -- 1972 – a few months before Furman Calif Supreme Court abolished dp Calif Supreme Court abolished dp Cruel and unusual punishment Cruel and unusual punishment -- In the wake of highly publicized cases - e.g., Caryl Chessman - e.g., Caryl Chessman (for more info, google Caryl Chessman and go to the Wikipedia page) (for more info, google Caryl Chessman and go to the Wikipedia page)
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California Death Penalty Reinstatement in the mid 1970s: Legislature adopts new DP in 1977 following the Gregg (1976) ruling Public initiative expands the DP in 1978 - makes most first degree murders - makes most first degree murders eligible for the DP eligible for the DP
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California Death Penalty Over the last 30 years: Typical pattern for dp state outside the south – large death row, very few execs DP becomes a “political football” between conservatives and opponents of the DP
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California Death Penalty The “Broken System”: Note: State courts and politicians can’t fix the problems because of politics of the dp – if they try they will be targeted by conservatives and removed from the Court or office
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California Death Penalty Calif Comm on the Fair Admin of Justice (appointed by the Calif Senate) (appointed by the Calif Senate) -- Broad representation -- Report issued June 2008 -- Calif DP system “dysfunctional” and “close to collapse” “close to collapse”
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California Death Penalty Among the key problems: Cost, delays, and possible mistakes (also, maybe, race/ethnic discrimination – our data) Basic problems with the process – lack of defense lawyers + huge court backlogs
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California Death Penalty Secondary problem – Calif courts vs. Federal Court (9th District) Calif courts “rubber stamp” sentences (lowest overturn rate in the US) Fed Court (9 th District) has highest overturn rate in the US
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California Death Penalty Back to politics of the dilemma Cons criticize fed court, want faster execs – ignore mistakes and discrim DP critics fault the state courts for not making system fair and efficient – by rubber stamping sham trials, state courts send problems to fed courts
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California Death Penalty Possible solutions – more lawyers, more courts to speed up appeals and execs The dilemma – ending delays means much higher costs, much higher likelihood of mistakes, and would re-raise the issue of race/ethnic discrimination
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California Death Penalty The “bottom line” The Calif DP is a broken system that can’t be fixed, but can’t be abolished either
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