California Moves Slowly Toward Resuming Executions

It is reported that California is easing back into executions for convicted criminals on death row, after not having executed anyone in over a decade. California has a sordid history with the death penalty. The process is extremely delayed, with inmates waiting on death row for decades before dying of natural causes instead of being executed. The state has held no executions since 2006, and only 13 since the death penalty was reinstated in 1978. However, the list of death row inmates is twice as many as any other states, up to 749.

California voters voted for Proposition 66 last November, which would keep the death penalty intact and also reform the state’s capital punishment system by speeding up executions. In 2012, voters also rejected Proposition 34 and Proposition 62 in 2016, which would have permanently repealed the state’s death penalty. Voters in a few Southern California counties are also electing district attorneys who put more people on death row. The people of California have definitely spoken: They want to speed up death row, not eliminate it, despite the data that shows it is racially discriminatory. However, it would take an execution a day, every day, for the next two years in order to empty the state’s death row backlog.

Crimes Eligible for Capital Punishment in California

There are several statutes that touch on capital punishment in the California Penal Code. CA Penal Code § 187 addresses “special circumstances murder” which includes:

  • More than one murder conviction;
  • Murder by bomb or poison;
  • Murder of a cop;
  • Murder involving torture;
  • Murder involving gang activity; and
  • Murder involving another serious felony (ie. rape).

California law also provides for the death penalty if you are convicted of:

  • Treason against the state;
  • Perjury causing the execution of another innocent person;
  • Intentionally interfering with preparations of war.

Lastly, CA Penal Code § 190.3 sets out a list of aggravating factors that allow a jury to determine whether a defendant should get the death penalty. For example, juries may consider the circumstances of a crime, such as if the acts were particularly egregious. They can also consider other past violent criminal activity that is not connected with the crime at hand (ie. domestic violence).    

San Diego Criminal Defense Attorney

The Law Offices of David M. Boertje handles all misdemeanor and felony criminal cases including drug charges, violent crimes, murder and homicide, and three-strikes crimes that could result in the death penalty. If you or a loved one has been charged with first degree or second degree murder or homicide in San Diego County or anywhere in Southern California, it is imperative that you contact an experienced criminal defense attorney right away. The Law Offices of David Boertje are aggressive when it comes to protecting your rights and will advise you of potential defenses. Contact the law offices of attorney David Boertje today for a free and confidential consultation.