There’s a new bill, introduced by Assemblymembers Levine and Chiu and coauthored by Assemblymembers Friedman, Gipson, and Stone and Senator Weiner to abolish the death penalty. The bill does not include a retroactive provision to commute current death sentences to LWOP.
The bill will likely pass in the legislature, but because it requires a constitutional amendment it will be on the ballot. This does not have a history of success, as Austin Sarat explains in this book. But since 2016, when we tried this last, six big things have changed, which may improve the odds:
- Twenty-two states have abolished the death penalty and three have moratoria on its use. A critical mass of states can now be said to have given it up.
- Since the beginning of this pandemic, more people have died of COVID-19 on death row alone than we’ve executed since the death penalty was reintroduced in 1978.
- Because of the death penalty moratorium, we won’t be executing anyone else anytime soon – but we’re still footing the bill of death penalty litigation.
- The Golden State Killer got life without parole. If not him, then who?
- One of California’s major killer counties, L.A. County, will cease to seek death sentences under new D.A. George Gascón.
- The recent Trump/Barr killing spree at the federal level has disgusted and reviled millions of people.
I think these developments have altered the landscape considerably enough to merit another try at abolition.
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