California v. Anderson
Encyclopedia
The People of the State of California v. Robert Page Anderson, 493 P.2d 880, 6 Cal. 3d 628 (Cal.
1972), was a landmark case in the state of California
that outlawed the use of capital punishment
. It was subsequently overruled by a state constitutional amendment, called Proposition 17
.
Robert Page Anderson was convicted of first degree murder, attempted murder of three men, and first degree robbery. The Supreme Court affirmed the judgment of the lower court in People v. Anderson 64 Cal.2d 633 [51 Cal.Rptr. 238, 414 P.2d 366] (1966), but reversed its decision with respect to the sentence of the death penalty In re Anderson , 69 Cal.2d 613 (1968) following the landmark case, Witherspoon v. Illinois
(1968), which decided that it is illegal to remove as challenges for cause a juror who simply disagrees with the death penalty, unless the juror adamantly would not follow the law under any circumstances. The case was retried on the issue of the defendant's penalty, and the jury again returned a verdict of death.
The court ruled that the use of capital punishment
was considered impermissible cruel and unusual
as it degraded and dehumanized the parties involved. It held that the penalty is "unnecessary to any legitimate goal of the state and [is] incompatible with the dignity of man and the judicial process".
Furthermore, the court also cited the view of capital punishment in American society as one of the most important reasons for its acceptability, contending that a growing population and decreasing amount of executions was persuasive evidence that such a punishment was no longer condoned by the general public.
The case also turned on a difference in wording between the U.S. Constitution's 8th Amendment
argument against cruel and unusual punishment and Article 1, Section 6 of the California Constitution (the provision has since moved to Article 1, Section 17), which read Since the State Constitution prohibits a punishment which is either of the two conditions (as opposed to prohibiting ones that violate both conditions), the court found the penalty unconstitutional on state constitutional grounds since if it violated either provision it was unconstitutional at the state level. The court even went so far as to decline to even consider if the death penalty violates the Eighth Amendment to the United States Constitution
since it had already found it to be in violation of the state constitution.The court decided it on 24 April 1972.
The state contended that while the use of capital punishment served no rehabilitating purposes, it was a legitimate punishment for retribution in serious offenses, in that it served to isolate the offender, and was a useful deterrent to crime. The court rejected the state's defense citing that there were far less onerous means of isolating the offender, and the lack of proof that capital punishment is an effective deterrent.
wrote a brief dissent on the basis that the landmark case, Furman v. Georgia
was currently on the docket of the Supreme Court of the United States
and that the court should await its decision before ruling. As it turned out, the U.S. Supreme Court would set aside the question whether the death penalty was per se unconstitutional (later in Gregg v. Georgia
it ruled that the death penalty was constitutional).
avoided execution following his conviction and resulting death sentence for the "Tate-LaBianca" murders in 1969. Sirhan Sirhan
also had his death sentence for the assassination of Robert Kennedy commuted to life in prison. It would also mean that if any person was ever charged with a murder committed in California before 1972, the death penalty could not be imposed. The United States Supreme Court in Aikens v. California
, 406 U.S. 813 (1972) denied an appeal of a death sentence because:
Later in 1972, the people of California amended the state constitution by initiative process, superseding the court ruling and reinstating the death penalty. Rather than simply switch to the federal "cruel and unusual" standard, the amendment, called Proposition 17
, kept the "cruel or unusual" standard, but followed it with a clause expressly declaring the death penalty to be neither cruel nor unusual.
Due to the U.S. Supreme Court decision in Furman later the same year declaring most capital statutes (including the one in California, but excluding others like the one in Rhode Island) in the U.S. to be unconstitutional, plus extensive appellate and habeas corpus
litigation in capital cases, no death sentences were carried out in the state until 1992. That year, Robert Alton Harris
was executed in the gas chamber.
In a 1978 concurring opinion, Justice Mosk expressed his dismay at the response of the California electorate to Anderson:
His sentence was later commuted, and, in 1976, Anderson was paroled and moved to Seattle.
Supreme Court of California
The Supreme Court of California is the highest state court in California. It is headquartered in San Francisco and regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.-Composition:...
1972), was a landmark case in the state of California
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...
that outlawed the use of capital punishment
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...
. It was subsequently overruled by a state constitutional amendment, called Proposition 17
California Proposition 17 (1972)
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...
.
Case
The case was an automatic appeal to the court under California Penal Code § 1239b, which provides that in the case of a death sentence, the case is automatically appealed to the State Supreme Court.Robert Page Anderson was convicted of first degree murder, attempted murder of three men, and first degree robbery. The Supreme Court affirmed the judgment of the lower court in People v. Anderson 64 Cal.2d 633 [51 Cal.Rptr. 238, 414 P.2d 366] (1966), but reversed its decision with respect to the sentence of the death penalty In re Anderson , 69 Cal.2d 613 (1968) following the landmark case, Witherspoon v. Illinois
Witherspoon v. Illinois
Witherspoon v. Illinois, 391 U.S. 510 , was a U.S. Supreme Court case where the court ruled that a state statute providing the state unlimited challenge for cause of jurors who might have any objection to the death penalty gave too much bias in favor of the prosecution.The Court said, The decision...
(1968), which decided that it is illegal to remove as challenges for cause a juror who simply disagrees with the death penalty, unless the juror adamantly would not follow the law under any circumstances. The case was retried on the issue of the defendant's penalty, and the jury again returned a verdict of death.
Decision
In the original case (1966) the court did not raise the issue as to whether the death penalty was unconstitutional. In the second hearing, which also took place in 1968, the court did raise the issue but decided that the death penalty was neither cruel nor unusual. However, in view of Witherspoon, the court found that the defendant's death sentence was unconstitutionally decided. In this third hearing, the court changed its mind and decided the death penalty was cruel and unusual.The court ruled that the use of capital punishment
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...
was considered impermissible cruel and unusual
Cruel and unusual punishment
Cruel and unusual punishment is a phrase describing criminal punishment which is considered unacceptable due to the suffering or humiliation it inflicts on the condemned person...
as it degraded and dehumanized the parties involved. It held that the penalty is "unnecessary to any legitimate goal of the state and [is] incompatible with the dignity of man and the judicial process".
Furthermore, the court also cited the view of capital punishment in American society as one of the most important reasons for its acceptability, contending that a growing population and decreasing amount of executions was persuasive evidence that such a punishment was no longer condoned by the general public.
The case also turned on a difference in wording between the U.S. Constitution's 8th 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...
argument against cruel and unusual punishment and Article 1, Section 6 of the California Constitution (the provision has since moved to Article 1, Section 17), which read Since the State Constitution prohibits a punishment which is either of the two conditions (as opposed to prohibiting ones that violate both conditions), the court found the penalty unconstitutional on state constitutional grounds since if it violated either provision it was unconstitutional at the state level. The court even went so far as to decline to even consider if the death penalty violates the Eighth Amendment to the United States Constitution
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...
since it had already found it to be in violation of the state constitution.The court decided it on 24 April 1972.
The state contended that while the use of capital punishment served no rehabilitating purposes, it was a legitimate punishment for retribution in serious offenses, in that it served to isolate the offender, and was a useful deterrent to crime. The court rejected the state's defense citing that there were far less onerous means of isolating the offender, and the lack of proof that capital punishment is an effective deterrent.
Dissent
Justice Marshall F. McCombMarshall F. McComb
Marshall F. McComb was an American jurist who served as an Associate Justice of the Supreme Court of California from 1955 to 1977.-Education and early career:...
wrote a brief dissent on the basis that the landmark case, 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...
was currently on the docket of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
and that the court should await its decision before ruling. As it turned out, the U.S. Supreme Court would set aside the question whether the death penalty was per se unconstitutional (later in Gregg v. Georgia
Gregg v. Georgia
Gregg v. Georgia, Proffitt v. Florida, Jurek v. Texas, Woodson v. North Carolina, and Roberts v. Louisiana, 428 U.S. 153 , reaffirmed the United States Supreme Court's acceptance of the use of the death penalty in the United States, upholding, in particular, the death sentence imposed on Troy Leon...
it ruled that the death penalty was constitutional).
Effects and aftermath
The Anderson decision caused all capital sentences in the state of California to be commuted to life in prison. Notably, it is because of this decision that Charles MansonCharles Manson
Charles Milles Manson is an American criminal who led what became known as the Manson Family, a quasi-commune that arose in California in the late 1960s. He was found guilty of conspiracy to commit the Tate/LaBianca murders carried out by members of the group at his instruction...
avoided execution following his conviction and resulting death sentence for the "Tate-LaBianca" murders in 1969. Sirhan Sirhan
Sirhan Sirhan
Sirhan Bishara Sirhan is a Jordanian citizen who was convicted for the assassination of United States Senator Robert F. Kennedy. He is serving a life sentence at Pleasant Valley State Prison in Coalinga, California.Sirhan was a Christian Arab born in Jerusalem who strongly opposed Israel...
also had his death sentence for the assassination of Robert Kennedy commuted to life in prison. It would also mean that if any person was ever charged with a murder committed in California before 1972, the death penalty could not be imposed. The United States Supreme Court in Aikens v. California
Aikens v. California
Aikens v. California, was a decision of the United States Supreme Court where a petitioner was appealing his conviction and death sentence. After oral argument had been made on the case, but before the court decided on it, the California Supreme Court in California v. Anderson, 6 Cal. 3d 628 ,...
, 406 U.S. 813 (1972) denied an appeal of a death sentence because:
Later in 1972, the people of California amended the state constitution by initiative process, superseding the court ruling and reinstating the death penalty. Rather than simply switch to the federal "cruel and unusual" standard, the amendment, called Proposition 17
California Proposition 17 (1972)
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...
, kept the "cruel or unusual" standard, but followed it with a clause expressly declaring the death penalty to be neither cruel nor unusual.
Due to the U.S. Supreme Court decision in Furman later the same year declaring most capital statutes (including the one in California, but excluding others like the one in Rhode Island) in the U.S. to be unconstitutional, plus extensive appellate and habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
litigation in capital cases, no death sentences were carried out in the state until 1992. That year, Robert Alton Harris
Robert Alton Harris
Robert Alton Harris was an American career criminal and murderer who was executed in San Quentin's gas chamber in 1992. This marked the first execution in the state of California since 1967. Harris had killed two teenage boys in 1978...
was executed in the gas chamber.
In a 1978 concurring opinion, Justice Mosk expressed his dismay at the response of the California electorate to Anderson:
His sentence was later commuted, and, in 1976, Anderson was paroled and moved to Seattle.
External links
- Opinion of the Court Retrieved April 7, 2008.
- Opinion of the Court (Registration Required)
- Ninth Circuit Capital Punishment Handbook