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Repeal of Proposition 17 (Death Penalty) | ||||||||||
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Source: Secretary of State, California |
Elections in California |
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Proposition 34 was a California ballot measure that was decided by California voters at the statewide election on November 6, 2012. It sought to repeal Proposition 17, originally passed by voters in 1972, thus abolishing the death penalty in California.
The proposition was defeated 52% against to 48% in favor, [1] despite the fact that supporters had spent 6 times more money in the campaign than opponents. [2]
A coalition of law enforcement officials, murder victims’ family members, and wrongly convicted people launched the initiative campaign for the “Savings, Accountability, and Full Enforcement for California Act”, or SAFE California, Prop. 34. [3] If it had been passed by California voters on November 6, 2012, Prop. 34 would have replaced the death penalty with life imprisonment without the possibility of parole, require people sentenced to life in prison without the possibility of parole to work in order to pay restitution to victims’ families, and allocate approximately $30 million per year for three years to police departments for the purpose of solving open murder and rape cases. [4] Prop. 34 was ahead in the most recent Los Angeles Times poll when voters heard about "the financial ramifications and details of [Prop. 34's] effect on prisoners." [5]
On March 1, 2012, the SAFE California Campaign submitted 799,589 signatures to qualify for the election on November 6, 2012. [6] On April 23, 2012, California Secretary of State Debra Bowen announced that the initiative had been approved and would be on the November ballot. [7]
Proponents of Prop. 34 cite the cost of implementing the death penalty as a major motivating factor behind the initiative. [8] A 2011 study by former prosecutor and federal judge Arthur Alarcón indicates that California has spent approximately $4 billion to execute 13 people since the death penalty was reinstated. [9] The Legislative Analyst's Office official analysis of the proposition shows that Prop. 34 will likely save taxpayers over 100 million dollars per year. [10]
Proponents of Prop. 34 also cite the possibility of executing an innocent person as a major motivating factor behind the initiative. [11] A recently released study by the Chief Justice Earl Warren Institute on Law and Social Policy at University of California, Berkeley, School of Law, shows that California's rate of wrongful convictions is the highest in the nation. [12]
Supporters of Prop. 34 include:
Some Prop. 34 detractors do not believe the studies that indicate that the death penalty in California is more expensive than life in prison without the possibility of parole. [26] Others admit that the system is broken, but hold out hope that it can be fixed, despite the fact that "reform attempts have failed to make it past the California State Legislature." [27]
When proposition 34 was defeated, Michael Rushford, a death penalty supporter, said the election was a call for California officials to "streamline the appeals process, expand the pool of defense attorneys qualified to handle capital cases, and execute inmates with a single lethal drug instead of the three-drug mixture now used". [2]
In the U.S. state of California, capital punishment is not allowed to be carried out as of March 2019, because executions were halted by an official moratorium ordered by Governor Gavin Newsom. Before the moratorium, executions had been frozen by a federal court order since 2006, and the litigation resulting in the court order has been on hold since the promulgation of the moratorium. Thus, there will be a court-ordered moratorium on executions after the termination of Newsom's moratorium if capital punishment remains a legal penalty in California by then.
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California Proposition 7, or the Death Penalty Act, is a ballot proposition approved in California by statewide ballot on November 7, 1978. Proposition 7 increased the penalties for first degree murder and second degree murder, expanded the list of special circumstances requiring a death sentence or life imprisonment without the possibility of parole, and revised existing law relating to mitigating or aggravating circumstances.
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