California Proposition 7 (1978)

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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.

California State of the United States of America

California is a state in the Pacific Region of the United States. With 39.6 million residents, California is the most populous U.S. state and the third-largest by area. The state capital is Sacramento. The Greater Los Angeles Area and the San Francisco Bay Area are the nation's second and fifth most populous urban regions, with 18.7 million and 8.8 million residents respectively. Los Angeles is California's most populous city, and the country's second most populous, after New York City. California also has the nation's most populous county, Los Angeles County, and its largest county by area, San Bernardino County. The City and County of San Francisco is both the country's second-most densely populated major city after New York City and the fifth-most densely populated county, behind only four of the five New York City boroughs.

In the United States, 1 in every 2,000 residents are imprisoned for life. This is similar to the total imprisonment rate in Japan, which is roughly 51 per 100,000 residents. There are many U.S. states in which a convict can be released on parole after a decade or more has passed, but in California, people sentenced to life imprisonment can normally apply for parole after seven years. The laws in the United States divide life sentences between "determinate life sentences" and "indeterminate life sentences." For example, sentences of "15 years to life," "25 years to life," or "life with mercy" may be given, which is called an "indeterminate life sentence." A sentence of "life without the possibility of parole" or "life without mercy" is called a "determinate life sentence" because a sentence of "15 years to life" means that it is a life sentence with a non-parole period of 15 years. Parole is not guaranteed but discretionary and so that is an indeterminate sentence. Even if a sentence specifically denies the possibility of parole, government officials may have the power to grant an amnesty, to reprieve, or to commute a sentence to time served.

Parole is a temporary release of a prisoner who agrees to certain conditions before the completion of the maximum sentence period, originating from the French parole. The term became associated during the Middle Ages with the release of prisoners who gave their word.

Contents

Background

Conservative politician John V. Briggs recruited attorney Donald J. Heller to draft the proposal. The official ballot title and summary of the ballot measure prepared by the California Attorney General read:

A ballot title is the official, short, summary of a ballot measure that appears on the ballot. The goal of a good ballot title is to be a neutral summary that accurately conveys to voters the gist of what the proposed new law says or would do. The National Conference of State Legislatures says, "The ballot title and summary are arguably the most important part of an initiative in terms of voter education. Most voters never read more than the title and summary of the text of initiative proposals. Therefore, it is of critical importance that titles and summaries be concise, accurate and impartial."

Ballot measure

A ballot measure is a piece of proposed legislation to be approved or rejected by eligible voters. Ballot measures are also known as "propositions" or simply "questions".

Murder. Penalty. Initiative Statute.
Changes and expands categories of first degree murder for which penalties of death or confinement without possibility of parole may be imposed. Changes minimum sentence for first degree murder from life to 25 years to life. Increases penalty for second degree murder. Prohibits parole of convicted murderers before service of 25 or 15 year terms, subject to good-time credit. During punishment stage of cases in which death penalty is authorized: permits consideration of all felony convictions of defendant; requires court to impanel new jury if first jury is unable to reach a unanimous verdict on punishment. Financial impact: Indeterminable future increase in state costs."

Election results

Impact

Since its creation until the end of 2011, the law had resulted in 13 executions and cost taxpayers $4 billion, according to a study co-authored by Loyola Law School professor Paula Mitchell. [1] Mitchell and U.S. 9th Circuit Court of Appeals Judge Arthur L. Alarcon estimated California was spending $184 million a year on lawyers, expert witnesses and secure prisons associated with the death row population created by Proposition 7. Ron Briggs, son of John Briggs, joined Heller and others in seeking to repeal Proposition 7, including Jeanne Woodford, a former warden at San Quentin State Prison, and former Los Angeles district attorney Gil Garcetti. [2] Arguments for repeal have focused on the costs and the ethics of the death penalty.

Death row is a special section of a prison that houses inmates awaiting execution after being convicted of a capital crime. The term is also used figuratively to describe the state of awaiting execution, even in places where no special facility or separate unit for condemned inmates exists. In the United States, after a person is found guilty of a capital offense in death penalty states, the judge will give the jury the option of imposing a death sentence or life imprisonment without the possibility of parole. It is then up to a jury to decide whether to give the death sentence; this usually has to be a unanimous decision. If the jury agrees on death, the defendant will remain on death row during appeal and habeas corpus procedures, which may continue for several years.

San Quentin State Prison prison

San Quentin State Prison (SQ) is a California Department of Corrections and Rehabilitation state prison for men, located north of San Francisco in the unincorporated town of San Quentin in Marin County.

Gil Garcetti American politician

Gilbert Salvadore Iberri Garcetti, best known as Gil Garcetti, is an American politician. He served as Los Angeles County's 40th district attorney for two terms, from 1992 until November 7, 2000. He is the father of Los Angeles mayor Eric Garcetti.

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References

  1. ↑ Williams, Carol J. (December 29, 2011). Annual total of death sentences in California falls to 10. Los Angeles Times
  2. ↑ Nagourney, Adam (April 6, 2012). Seeking an End to an Execution Law They Once Championed. New York Times
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