Death Penalty: Background, Sources and Resources

Introduction

The California Commission on the Fair Administration of Justice (CCFAJ), created by the California Senate, issued a report on the problems with California’s death penalty on June 30, 2008.

This was the first time the state of California had undertaken such a sweeping review of its death penalty system. The commission conducted three hearings across the state, heard testimony from more than 70 witnesses and reviewed thousands of pages of written submissions, all highlighting a myriad of problems with California’s death penalty. Two questions were before the Commission: Can these problems be fixed and at what costs?

The following provides helpful background material:

The CCFAJ Web site contains background information about the Commission, including its membership.

The death penalty section of the CCFAJ Web site contains all of the written submissions received by the Commission and video of two of the hearings, including these items:

• Testimony by Chief Justice Ronald George of the California Supreme Court, describing California’s death penalty as “dysfunctional.”

• Remedies for California's Death Row Deadlock, by Judge Arthur Alarcon, Judge of the Ninth Circuit, analyzing the causes of the long delays in California’s death penalty system.

• The Impact of Legally Inappropriate Factors on Death Sentencing for California Homicides, 1990-1999, by Michael Radelet and Glenn Pierce, discussing racial, ethnic and geographic disparities in California death sentencing.

• The Eighth Amendment, The Death Penalty, and Ordinary Robbery-Burglary Murderers: A California Case Study, by Steven Shatz, showing that California’s death penalty is the broadest in the country and identifying the potential problems.

The CCFAJ Web site also contains all of the prior press coverage, opinion pieces, and editorials about the Commission’s work. The most extensive coverage of the Commission has been provided by Henry Weinstein, while he was the Los Angeles Times, and Rick Tulsky and Howard Mintz, both of the San Jose Mercury News. In addition, these articles will provide useful background on California’s death penalty generally:

• Dysfunctional death row; Can the inefficiencies that plague the capital punishment system make the ultimate penalty unconstitutional? Henry Weinstein, Los Angeles Times (2007), discussing the Judge Alarcon article.

• Death Row Often Means a Long Life; California condemns many murderers, but few are ever executed, Rone Tempest, Los Angeles Times (2005), discussing costs of the death penalty.

• Costs soar for new death row at San Quentin, Michael Rothfeld, Los Angeles Times (2008), discussing recent report by State Auditor on costs of death row re-build.

• Death sentences vary by county, study finds, Bob Egelko, San Francisco Chronicle (2008), discussing geographic variation.

The CCFAJ report was released at a time when executions remain on hold in California as a result of legal challenges to the lethal injection procedures. For background on these challenges, these articles may be useful:

• Executions still off in California; The U.S. high court ruling aside, the state faces legal hurdles before it can resume capital punishment, Maura Dolan, Los Angeles Times (2008).

• Marin judge rules lethal injection procedures invalid, Bob Egelko, San Francisco Chronicle (2007).

• The Chaos Behind California Executions; Trial testimony paints lethal injection methods as haphazard, with little medical oversight, Maura Dolan and Henry Weinstein; Los Angeles Times (2006).

Sources

Below are individuals in California who are knowledgeable about the death penalty, have followed the Commission’s work, and are generally willing to speak to reporters on this issue.

Academics

• Prof. Elisabeth Semel, Director of Death Penalty Clinic, Boalt Hall Law School
  (510) 642-0458, esemel@law.berkeley.edu

• Prof. Steve Shatz, USF Law School
  (415) 422-6745, shatzs@usfca.edu

• Prof. Larry Marshall, Stanford Law School,
  (650) 723-7572 lmarshall@law.stanford.edu

• Prof. Stuart Banner, UCLA Law School
  (310) 206-8506, banner@law.ucla.edu

• Prof. Laurie Levenson, Loyola Law School
  (213) 736-1149, Laurie.Levenson@lls.edu

Advocates—opposed to death penalty

• Natasha Minsker, ACLU of Northern California
  (415) 621-2493, nminsker@aclunc.org

• Judy Kerr, California Crime Victims for Alternatives to the Death Penalty
  (415) 262-0082, judy@deathpenalty.org

• Stefanie Faucher, Death Penalty Focus
  (415) 243-0143, Stefanie@deathpenalty.org

Advocates—in support of death penalty

• Kent Scheidegger, Criminal Justice Legal Foundation
  (916) 446-0345, kent.scheidegger@cjlf.org

• Scott Thorpe, California District Attorneys’ Association
  (916) 443-2017, sthorpe@cdaa.org

• Harriett Salerno, Crime Victims United
  (916) 928-4797, hsalerno@crimevictimsunited.com
  

Elected Officials and Attorneys

• Kamala Harris, San Francisco District Attorney
• Steve Cooley, Los Angeles District Attorney
• Jim Thompson, Death Penalty Committee Chair for California Attorneys for Criminal Justice, 510-525-9123, james@ycbtal.net
• State Senator Gloria Romero