I remember my reaction when California reinstated the death penalty in 1978. I was only eight years old, but I remember that I was of two minds about it. First, I thought the decision was deplorable. Second, it made me understand why Charlie Manson had not been executed and I thought to myself that he was quite the lucky man. In all the years since, while California has sentenced 900 people to die, it has actually only managed to execute thirteen people.
It is mainly the inefficiency of California’s death machine that has caused a Bush-appointed judge to rule their death penalty unconstitutional. He found that the system was ultimately arbitrary because the people who were executed were basically random, and the decades-long uncertainty for the rest he deemed to be cruel and unusual punishment.
I have no problem with the ruling but I don’t expect it to hold up on appeal.
Looks from that LA Times article like at least a possibility that the state won’t appeal, though. Jerry Brown always opposed the death penalty until he started running for governor in 2010. I can imagine the legislature as well would be more pleased than otherwise to have the courts abolish the death penalty for them, so the state could get rid of it without their having to vote on it.
I think that “reviewing the decision” comment isn’t much to go on as far as the state’s intentions. Kamala Harris is definitely anti death penalty but Jerry’s gone pretty hard law’n’order the last few years.
with all the arguments against the death penalty that DO make sense, will it end because of something this thin?
“will it end because of something this thin? “
Albert Einstein said that God does not play dice with the Universe. The older I get, the more I believe that the courts play dice with the law.
California is home to some of the most vicious criminals in the world. It is also home to a lot of people who get caught up in the justice system and are given by-the-book sentences whether that improves society or not. I’m hoping that the governor doesn’t push our AG to appeal.