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July 21, 2016

California DA makes the case for mending rather than ending California's capital punishment system

The District Attorney of Sacramento County has this new commentary urging citizens of her state to vote for reform rather than repeal of the death penalty.  The piece is headlined "California’s broken death penalty system can be fixed," and here are excerpts:

In 1978, California enacted today’s California death penalty statute, the so-called Briggs Initiative. Now, Ron Briggs supports repealing the statute his “family wrote,” but his argument reads more like a surrender to death penalty abolitionists (“Death penalty is destructive to California”; Forum, July 10).  Instead of waving a white flag, Briggs should endorse Proposition 66, the Death Penalty Reform and Savings Act of 2016, as a worthy successor to his family’s work.  This initiative deals with the concerns Briggs raises about California’s death penalty system.

The reason that no executions have occurred in California for 10 years is the state’s delay in drafting regulations for a method of execution.  Otherwise, there could have been at least 15 sentences carried out during the past decade.  It’s outrageous that victims’ families were forced to sue the state to draft these regulations. Proposition 66 will prevent biased and unsympathetic politicians and government bureaucrats from interfering with this process.

Proposition 66 also addresses concerns about how death row inmates occupy their time, requiring them to work or lose their privileges.  If they owe restitution, it will come out of their wages. The proposal makes other significant reforms as well.  It addresses the backlog of cases at the state level by expanding the pool of qualified counsel for death row inmates.  The initiative expedites review of prisoners’ complaints by returning their cases to the original trial court and prompts the Judicial Council to develop standards for the completion of appeals in state court in five years. Victims’ families will have the right to sue to force them to meet deadlines.

Briggs believes abolition will benefit victims’ survivors by closing cases and sparing them further “wounds.”  That is offensive and presumptuous. In our experience, most survivors want “justice” for the murderers of their family members. Repealing the death penalty will not heal these peoples’ wounds; it keeps them permanently open.

Briggs naively touts life without parole as a sufficient alternative to the death penalty. He forgets that the last murderer executed in California, Clarence Ray Allen, was sentenced to death for the murder of three people, which he planned while already serving a life sentence for murder.  Life imprisonment was not enough to protect the public from Allen....

Finally, Briggs is dead wrong to assert that the death penalty has been conclusively shown not to deter crime. Experience and common sense confirm a deterrent effect.  Briggs risks lives on the unproven idea that the death penalty does not deter murder and that life sentences will protect public safety. Rather than capitulating to abolitionist arguments, he should support his families’ legacy and endorse Proposition 66.

Prior related posts:

July 21, 2016 at 06:58 PM | Permalink

Comments

Michael Ramos (who is sponsoring the initiative and is running to replace Kamala Harris as attorney general of California), told me that “California has never executed an innocent person,”

Uh, Albert Dyer, for one.

Posted by: George | Jul 21, 2016 10:49:32 PM

15 executions? Of how many on death row?

An arbitrary few being executed is part of the problem here.

Also rejected is an appeal to survivors but it is argued "most" want "justice" (aka execution). Does this mean those who don't should have their wishes carried out and the person not executed? Is this a majority vote thing? What if some survivors (as would be the case in my family probably) go one way, others another? Sounds like the "anti" was making a personal argument, especially given how in practice only a few executions would occur anyhow.

Does George have any links as to Dyer's innocence?

Posted by: Joe | Jul 22, 2016 10:38:52 AM

One thing that concerns me is the blatant requirement of compelled labor (under penalty of restricted privileges). I understand this is constitutional, but it still seems very antiquated.

Posted by: Erik M | Jul 22, 2016 2:53:40 PM

Requiring prisoners, especially those guilty of serious felonies, to work or be penalized (so it isn't even blanket compulsion) is not really a problem for me. The conditions or how prison labor can compete with non-prison labor / other issues might be a concern.

Posted by: Joe | Jul 22, 2016 3:32:26 PM

Do you mean Albert Dyer who was executed in 1938? Leaving aside the fact that was over three-quarters of a century ago, I understand that even his wife stopped believing in his innocence by the time he was executed.

Posted by: Cal Prosecutor | Jul 22, 2016 6:26:10 PM

Albert Dyer is the subject of Colder Case: How California Executed the Wrong Man and Left a Serial Killer Free to Stalk Children.

There was also the similar S.C. Stone case, a wrongful conviction with a DP commuted to life due to lack of evidence beyond a reasonable doubt. He was eventually paroled. Some would argue the system worked, but he probably didn't think so.

Government is really bad, and big government is worse. But the DP is perfect. Really.

Posted by: George | Jul 22, 2016 6:27:19 PM

Albert Dyer is the subject of Colder Case: How California Executed the Wrong Man and Left a Serial Killer Free to Stalk Children.

There was also the similar S.C. Stone case, a wrongful conviction with a DP commuted to life due to lack of evidence beyond a reasonable doubt. He was eventually paroled. Some would argue the system worked, but he probably didn't think so.

Government is really bad, and big government is worse. But the DP is perfect. Really.

Posted by: George | Jul 22, 2016 6:27:20 PM

Did you know? Between 1973 and 2015, 148 innocent death-row prisoners in 26 different states were exonerated and released.

Posted by: George | Jul 22, 2016 6:31:12 PM

Did you know? Between 1973 and 2015, 148 innocent death-row prisoners in 26 different states were exonerated and released.

Posted by: George | Jul 22, 2016 6:31:13 PM

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