California Proposition 17 (1972)
Encyclopedia
Proposition 17 of 1972 was a measure enacted by California
voters to reintroduce the death penalty
in that state. The California Supreme Court had ruled on February 17, 1972 that capital punishment was contrary to the state constitution. Proposition 17 amended the Constitution of California in order to overturn that decision. It was submitted to a referendum
by means of the initiative
process, and approved by voters on November 7.
The court ruled in People v. Anderson that capital punishment was contrary to Article 1, Section 6 of the state constitution, which forbade "cruel or unusual punishments", and was held to be more strict than the similarly worded provision of the Eighth Amendment
of the U.S. Constitution
. Proposition 17 amended the state constitution by adding Article 1, Section 27, which reads:
In 1979 it was argued before the California Supreme Court (in People v. Frierson) that Proposition 17 was unconstitutional, as it amounted to a "revision" rather than an "amendment" of the state constitution, and a revision may not be enacted by an initiative. The court rejected this argument. Justice Stanley Mosk
filed a concurring opinion
in which he reluctantly agreed with the judgment of the court, but also expressed his dismay at the response of the electorate to Anderson:
Despite Proposition 17 no executions were carried out in California until 1992. This was due to the U.S. Supreme Court decision in the same year in Furman v. Georgia
(which temprorarily suspended capital punishment in the United States) and to extensive litigation that occurred thereafter.
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
voters to reintroduce the death penalty
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
in that state. The California Supreme Court had ruled on February 17, 1972 that capital punishment was contrary to the state constitution. Proposition 17 amended the Constitution of California in order to overturn that decision. It was submitted to a referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
by means of the initiative
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
process, and approved by voters on November 7.
The court ruled in People v. Anderson that capital punishment was contrary to Article 1, Section 6 of the state constitution, which forbade "cruel or unusual punishments", and was held to be more strict than the similarly worded provision of the Eighth Amendment
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
of the U.S. Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. Proposition 17 amended the state constitution by adding Article 1, Section 27, which reads:
In 1979 it was argued before the California Supreme Court (in People v. Frierson) that Proposition 17 was unconstitutional, as it amounted to a "revision" rather than an "amendment" of the state constitution, and a revision may not be enacted by an initiative. The court rejected this argument. Justice Stanley Mosk
Stanley Mosk
Stanley Mosk was an Associate Justice of the California Supreme Court for 37 years , and holds the record for the longest-serving justice on that court. Before sitting on the Supreme Court, he served as Attorney General of California and as a trial court judge, among other governmental positions...
filed a concurring opinion
Concurring opinion
In law, a concurring opinion is a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision...
in which he reluctantly agreed with the judgment of the court, but also expressed his dismay at the response of the electorate to Anderson:
Despite Proposition 17 no executions were carried out in California until 1992. This was due to the U.S. Supreme Court decision in the same year in Furman v. Georgia
Furman v. Georgia
Furman v. Georgia, was a United States Supreme Court decision that ruled on the requirement for a degree of consistency in the application of the death penalty. The case led to a de facto moratorium on capital punishment throughout the United States, which came to an end when Gregg v. Georgia was...
(which temprorarily suspended capital punishment in the United States) and to extensive litigation that occurred thereafter.