California and the Death Penalty

            The act of killing another human being as a punishment has always been a part of man kind’s history.  Laws depicting the concept of “an eye for an eye, a tooth for a tooth,” can be dated back to 1772 BC with the Code of Hammurabi (Hassall, 1998.) Today, laws and society have evolved.  There are only specific crimes where the punishment may include the possibility of execution: murder, sexual assault of a minor, treason, espionage, and kidnapping are amongst them. There has been controversy over whether or not it is right to execute people as a form of punishment. In the U.S. thirty-three states have an active capital punishment, where as seventeen have abolished it (DPIC, 2012; Dieter, 2007.)   

            California, the state with the largest population, is attempting to change many of the laws that our government has enacted in the late 80’s and early 90’s.  Some of these laws have been accused of creating the long battle that California has had with the overwhelming populations and budget spending in the state prisons (Dieter, 2007.)  On the November 2012 election ballot there are a number of new reforms awaiting their fate. Amongst these reforms are proposition 34, and Proposition 36. Proposition 36, is a reform on the three strikes law which is said to help alleviate any future congestion within the prisons, because it would require that the third strike to be a violent offense; opposed to the law of today, where an individual can get a life sentence simply for stealing a sandwich on their third strike (ballotpedia, 2012.)  Proposition 34, is a reform on California’s capital punishment. If enacted proposition 34, will abolish the death penalty, and turn what would be punishable by death, into a life sentence without the possibility of parole (ballotpedia, 2012.)

The death penalty has had a long history in California. It was first allowed in the state in 1872; however, in 1972 the California Supreme Court ruled against the death penalty describing it as cruel and unusual punishment.  The Supreme Court’s ruling turned the sentence for those on death row into life in prison without the possibility of parole; much like what proposition 34 will do if enacted (CDCR, 2010; DPIC, 2012.)  Again, Californians feared the rising rates and severity of crime so much so, that capital punishment was once again enacted.  California re-enacted the death penalty for first degree murder, in 1977; it was only to be used for those guilty of first degree murder. In 1978, the citizens of California decided to extend capital punishment to murder with special circumstances; these special circumstances include multiple murders, or murder during a rape, robbery, or torture.  Since its re-enactment, California has only executed thirteen inmates and there are currently 724 inmates awaiting their execution (CDCR, 2010; Sangiorgio, 2011; DPIC, 2012.)

There has been controversy over whether or not the death penalty is actually an effective punishment or if it is simply a flawed waste of money.  According to an article published in the L.A.  Times ( Williams, 2011) California’s tax payers have spent more than four billion dollars on the death penalty since capital punishment was reenacted; this means that each of the thirteen executions that have taken place in the last thirty-three years cost approximately 308 million dollars. Today, those who are currently on death row in California cost the state approximately 184 million dollars more per year more than those inmates who are currently serving a life sentence. Also costly to Californian’s are the prosecution costs which are estimated to cost at least twenty times that of life sentence cases. According to a study published in the L.A. Times (Williams, 2011), “the least expensive death penalty trial costs $1.1 million more than the most expensive life-without-parole case (Williams, 2011.)”  

It is obvious that capital punishment costs the state millions of dollars more than it does just to house inmates on a life sentence; however, opponents of abolishing capital punishment such as chief of staff to the Orange County District Attorney, Susan Schroeder (appeal democrat, 2011)  explained that,

“…Even if the death penalty is not carried out often in California, we have to hold the line on tough punishments. If prison without possibility of parole becomes the toughest penalty, then a slippery slope could develop in which lesser penalties could be imposed for heinous crimes. Eventually, we could end up like Norway, where Anders Behring Breivik murdered 69 people last year and was given that country's harshest penalty, 21 years in prison (appeal democrat, 2012.)”

Sometimes, as people with emotions, we do things just because it makes us feel better. Even though it costs a lot more money to put someone to death, some may argue that at least now we know that person will never hurt anyone or their family again. They may also argue that it provides closure for victims and their families when their attacker has been put to death. Although the idea of killing another person as punishment has been a part of man kind’s history, California has had a long battle accepting it.  History usually repeats itself, and I believe that if Proposition 34 does get the majority vote and goes into effect on November 7, 2012, in the future there will be some way to bring another form of capital punishment back to the state. 

Works Cited

Appeal Democrat. (2012, September 26). Our view: No on prop. 34 – repeal of death penalty. Retrieved from http://www.appeal-democrat.com/articles/death-119740-penalty-prison.html

 

Ballot Pedia. (2012). California proposition 34, the end of the death penalty initiative. Retrieved from http://ballotpedia.org/wiki/index.php/California_Proposition_34,_the_End_the_Death_Penalty_Initiative_(2012)

CDCR. (2010). Capital punishment: History of capital punishment in California. Retrieved from http://www.cdcr.ca.gov/capital_punishment/history_of_capital_punishment.html

 

Death penalty information center. (2012). State by state database. Retrieved from http://www.deathpenaltyinfo.org/state_by_state

Dieter, R. (2007). Changing views on the death penalty. Death penalty Information, http://www.deathpenaltyinfo.org/Beijing07.pdf

Halsall , P. (1998, March). Ancient history sourcebook: Code of hammurabi, c. 1780 bce. Retrieved from http://www.fordham.edu/halsall/ancient/hamcode.asp

Sangiorgio, C. (2011). The death penalty and public information on its use. International Review of Law, Computers & Technology, 25, 33-44. Retrieved from http://web.ebscohost.com/ehost/pdfviewer/pdfviewer?sid=93f87b04-76f2-4853-82b2-6c1e4379a5ad@sessionmgr14&vid=4&hid=7

Willams, C. (2011, June 20). Death penalty costs California $184 million a year, study says. L.A. times. Retrieved from http://articles.latimes.com/2011/jun/20/local/la-me-adv-death-penalty-costs-20110620