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October 31, 2015

Might California get two completing capital punishment propositions to consider in 2016?

The question in the title of this post is prompted by this notable new Los Angeles Times article headlined "Voters may weigh competing death penalty measures on 2016 ballot." Here are excerpts:

A pro-death penalty group unveiled a ballot measure Friday that would require death row inmates to work in prison and provide new deadlines intended to expedite appeals.  The measure, which would appear on the November 2016 ballot, is aimed at speeding up executions in California.  The state has executed 13 inmates since 1978, but nearly 750 remain on death row, the largest in the nation. Most condemned inmates die of suicide or illness.

A proposed anti-death penalty initiative also has been submitted for state review, creating the possibility that voters next year will weigh competing initiatives on capital punishment.  Both measures would require current death row inmates to work and pay restitution to victims, but one would keep the death penalty, and the other scrap it for life without parole.

Backers of the death penalty estimate their new measure would reduce the time from conviction to execution from as long as 30 years to 10 to 15 years.  San Bernardino County Dist. Atty. Mike Ramos, one of several supporters who spoke about the measure at a Los Angeles news conference, said it would honor the more than 1,000 victims — including 229 children and 43 peace officers — who have been murdered by inmates on California’s death row.

Neither side in the death penalty debate has yet raised the commanding sums needed to assure ballot placement.  The pro-death penalty group said it has raised $1 million so far. The opposition has raised $350,000. An estimated $2 million is probably needed to gather the required signatures.

Friday's news conference came a few days before the state plans to release a revised method of execution.  The new protocol will involve a single drug rather than the three-drug cocktail previously used. Court rulings have prevented the state from executing anyone since 2006.  A federal judge ruled that the former method exposed inmates to inhumane suffering if one of the three drugs failed to work....

The measure announced Friday is similar to one that death penalty supporters launched more than a year ago.  The earlier proposal did not get enough signatures to qualify for the ballot.  A key difference is that the former was a proposed constitutional amendment, which requires more signatures than a mere change in state law.

Like the earlier measure, the newest one would allow the revised lethal injection method to take effect without exhaustive public comment.  Death row inmates would be housed throughout the prison system.

The state’s voters narrowly defeated a ballot measure in 2012 that would have abolished the death penalty.  Eight states have rescinded capital punishment laws since 2000.

Ana Zamora, the criminal justice policy director for the ACLU of Northern California, which sponsored the 2012 initiative to end the death penalty, said Friday’s proposal would just cause more delays. “The only solution is to keep murderers in prison until they die,” she said.

But Kermit Alexander, whose mother, sister and two young nephews were killed in 1984, said families deserve the execution of those who killed their loved ones. Choking back tears, the former football star said the killer, now on death row, had mistakenly gone to the wrong house when he killed Alexander’s family. “If you prey upon the elderly or massacre our children,” Alexander said, “you should be required to pay the ultimate price. It's the law. … Justice isn't easy. Justice isn't gentle. But justice denied isn't justice.”

As some readers may know, I am a huge fan of direct democracy and thus I am always generally support of any and all efforts to bring important issues directly to voters through the initiative process. In addition, because I generally view the death penalty to be an issue that can be effectively and soundly addressed through the initiative process, I am now rooting for both capital reform proposals to make it to California voters. (Indeed, I have of late been thinking/hoping someone might have the resources and inclination to bring some kind of initiative reform concerning the death penalty to Buckeye voters in my own state of Ohio.)

October 31, 2015 at 03:14 PM | Permalink


Big fan of California's proposition system, are you?

Did you not say "the republic for which it stands" when you said the Pledge of Allegiance too?

I'm wary of the process as a whole though perhaps for something clearly understood by the public as a whole as compared to some special interest matter (the usual thing I have to vote on, like whether some money should go to some state park provision or something) is more appropriately handled this way.

But, this isn't just an up/down vote the death penalty. Is the general public the best people to determine the proper appellate process? The restitution issue is more appealing, but I myself rather these things handled by legislative action. The people can vote for the people there based on their positions on such maters. At some point, expecting voters to mini-legislators is unrealistic.

Posted by: Joe | Oct 31, 2015 4:34:11 PM

If CA voters actually want any movement on execution issues they will need to vote in different office holders rather than just pass initiatives. The federal court ruling on CA's three drug protocol is on incredibly weak ground but the current office holders have zero interest in moving executions along so they are happy enough to let that ruling stand.

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Happy Halloween!

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