Capital punishment in California
Encyclopedia
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...
is a legal form of punishment
Punishment
Punishment is the authoritative imposition of something negative or unpleasant on a person or animal in response to behavior deemed wrong by an individual or group....
in the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
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...
. The first recorded execution in the area that is now California took place on April 11, 1878 when four Native Americans
Native Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...
were shot in San Diego County
San Diego County, California
San Diego County is a large county located in the southwestern corner of the US state of California. Hence, San Diego County is also located in the southwestern corner of the 48 contiguous United States. Its county seat and largest city is San Diego. Its population was about 2,813,835 in the 2000...
for conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
to commit murder. These were the first of 709 executions before the California Supreme Court
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:...
decision in People v. Anderson finding the death penalty to violate the state constitution
California Constitution
The document that establishes and describes the duties, powers, structure and function of the government of the U.S. state of California. The original constitution, adopted in November 1849 in advance of California attaining U.S. statehood in 1850, was superseded by the current constitution, which...
, and the later 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...
decision of the United States Supreme Court
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...
finding executions in general as practiced to violate the United States 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...
, both issued in 1972. Since 1976, when the U.S. Supreme Court reinstated the death penalty with 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...
, 13 people have been executed by the state. As of March 2, 2011, there are 713 offenders (including 19 women) on California's "death row
Death row
Death row signifies the place, often a section of a prison, that houses individuals awaiting execution. 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.After individuals are found...
."
History
Four methods have been used historically for executions. Until slightly before California was admitted into the Union, executions were carried by firing squadExecution by firing squad
Execution by firing squad, sometimes called fusillading , is a method of capital punishment, particularly common in the military and in times of war.Execution by shooting is a fairly old practice...
. Upon admission, the state adopted hanging
Hanging
Hanging is the lethal suspension of a person by a ligature. The Oxford English Dictionary states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain...
as the method of choice.
The penal code was modified on February 14, 1872, to state that hangings were to take place inside the confines of the county jail or other private places. The only people allowed to be present were the sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
of the county, a physician, the District Attorney
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
of the county, who would select at least 12 "reputable citizens." No more than two "ministers of the gospel" and no more than five people selected by the condemned could also be present.
Executions were moved to the state level in 1889 when the law was modified so that hangings would take place in one of the State Prisons — San Quentin State Prison
San Quentin State Prison
San Quentin State Prison is a California Department of Corrections and Rehabilitation state prison for men in unincorporated San Quentin, Marin County, California, United States. Opened in July 1852, it is the oldest prison in the state. California's only death row for male inmates, the largest...
and Folsom State Prison
Folsom State Prison
Folsom State Prison is a California State Prison located in the city of Folsom, California, northeast from the state capital of Sacramento. Opened in 1880, Folsom is the second-oldest prison in the state of California after San Quentin and was the first in the country to have electricity...
. According to the California Department of Corrections
California Department of Corrections and Rehabilitation
The California Department of Corrections and Rehabilitation is responsible for the operation of the California state prison and parole systems. CDC&R is the second largest law enforcement or police agency in the United States behind the New York City Police Department which employs approximately...
, although there was no law providing which prison was chosen by the trial judge, it was customary for recidivists
Recidivism
Recidivism is the act of a person repeating an undesirable behavior after they have either experienced negative consequences of that behavior, or have been treated or trained to extinguish that behavior...
to be sent to Folsom. Under these new laws, the first execution at San Quentin was Jose Gabriel on March 3, 1893, for murder. The first hanging at Folsom was Chin Hane, also for murder, on December 13, 1895. A total of 215 inmates were hanged at San Quentin and a total of 93 were hanged at Folsom.
1972 suspension of capital punishment
On April 24, 1972, the Supreme Court of CaliforniaSupreme 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:...
ruled in People v. Anderson that the current death penalty laws were unconstitutional and oversaw the commuting of 107 death sentences in the state in 1972, which in turn affected high profile cases such as 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...
and Charles Manson
Charles 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...
, sparing them from execution. Following the ruling, the California Constitution
California Constitution
The document that establishes and describes the duties, powers, structure and function of the government of the U.S. state of California. The original constitution, adopted in November 1849 in advance of California attaining U.S. statehood in 1850, was superseded by the current constitution, which...
was quickly modified to reinstate capital punishment, under an 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...
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...
. The statute was also modified to make the death penalty mandatory for a number of crimes including first degree murder in specific instances, kidnapping where a person dies, train wrecking where a person dies, treason against the state, and assault by a life prisoner if the victim dies within a year.
The debate over capital punishment was played out in a somewhat similar fashion on the national level. On June 29, 1972, the U.S. Supreme Court issued its decision 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...
, holding all capital punishment statutes then in effect in the United States to be unconstitutional. On July 2, 1976, the Supreme Court, 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...
, reviewing capital punishment laws enacted in response to its Furman decision, found constitutional those statutes that allowed a jury to impose the death penalty after consideration of both aggravating and mitigating circumstances. On the same date, the Court held that statutes imposing a mandatory death penalty were unconstitutional.
In a later decision in 1976, the Supreme Court of California again held the state's death penalty statute was unconstitutional as it did not allow the defendant to enter mitigating evidence. A further 70 prisoners had their sentences commuted following this. The next year, the statute was modified to deal with these issues. Life imprisonment without possibility of parole was also added as a punishment for capital offenses. A later change to the statute was in 1978 after Proposition 7 passed. This gave an automatic appeal to the Supreme Court of California, which would directly affirm or reverse the sentence and conviction without going through an intermediate appeal to the California Courts of Appeal. (The state supreme court is currently sponsoring a proposed state constitutional amendment that would allow the assignment of capital appeals to the Courts of Appeal to alleviate the backlog of capital appeal cases.)
Introduction of lethal injection
The latest change of method came in January 1993, when the lethal injection was given as a choice for people sentenced to death. David MasonDavid Mason (murderer)
David Edwin Mason was an American serial killer who was executed in San Quentin's gas chamber in 1993. This marked the second execution in the state of California since 1967, and the last execution by gas chamber in that state...
chose to die of lethal gas, because he wanted to suffer for his crimes. This was changed in 1994 to have lethal injection as the default method. The first person executed under these new laws was William Bonin
William Bonin
William George Bonin was an American serial killer and a twice-paroled sex offender, also known as the Freeway Killer, a nickname he shares with two other serial killers. Between 1979 and 1980, Bonin tortured, raped and killed a minimum of 21 boys and young men, and is suspected of committing a...
on 23 February 1996. 13 people have been executed since California reinstated the death penalty in 1977, but 56 others have died on death row of other causes, including 14 of suicide since October 25, 2007.
2006 moratorium of lethal injection
In February 2006, U.S. District Court Judge Jeremy D. FogelJeremy D. Fogel
Jeremy Don Fogel is a former United States federal judge for the United States District Court for the Northern District of California. An appointee of President Bill Clinton, Fogel previously was a judge for the municipal court and superior court of Santa Clara County, California from 1981 to 1998...
blocked the execution of convicted murderer Michael Morales
Michael Morales
Michael Angelo Morales is a convicted murderer who was scheduled to be executed by the State of California at 7:30 p.m. on February 21, 2006...
because of complaints about the administration of lethal injection in the gas chamber. It was argued that if the three-drug lethal injection procedure were administered incorrectly, it could lead to suffering for the condemned, potentially constituting cruel and unusual punishment
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...
. The issue arose from an injunction made by the U.S. 9th Circuit Court of Appeals
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
which held that an execution could only be carried out by a medical technician legally authorized to administer IV medications. The case led to a de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
moratorium
Moratorium (law)
A moratorium is a delay or suspension of an activity or a law. In a legal context, it may refer to the temporary suspension of a law to allow a legal challenge to be carried out....
of capital punishment in California as the state was unable to obtain the services of a licensed medical professional to carry out the execution.
In 2008, Law officers and families of victims who support the death penalty rallied at the gate of San Quentin State Prison Tuesday to promote a new journal that details arguments in favor of capital punishment.
Several other victims' families testified to the California Commission on the Fair Administration of Justice in opposition to capital punishment, explaining that whilst they had suffered great losses, they did not view retribution as morally acceptable, and that the high cost of capital punishment was preventing the solving of cold cases.
But others who contest this argument says the greater cost of trials where the prosecution does seek the death penalty is offset by the savings from avoiding trial altogether in cases where the defendant pleads guilty to avoid the death penalty.
In October 2009, Governor Arnold Schwarzenegger
Arnold Schwarzenegger
Arnold Alois Schwarzenegger is an Austrian-American former professional bodybuilder, actor, businessman, investor, and politician. Schwarzenegger served as the 38th Governor of California from 2003 until 2011....
reacted to a report from the Death Penalty Information Center
Death Penalty Information Center
The Death Penalty Information Center is a non-profit organization that focuses on disseminating studies and reports related to the death penalty by itself and others to the news media and general public...
which suggested that states like California waste $137 million a year because of the long process taken by the death penalty : "Well first of all, as you know, this is something that the people have voted on, so it's not a decision that is just made here in this Capitol. Number two, I think that, you know, justice, it's worth the money no matter what budget crunch we are in. And so I think we're going to continue with that until the people have changed their mind here in California and want to, you know, get rid of the death penalty. So I think until that point we will continue. The key thing is to make it more efficient, to speed up the process and that, I think, is something that we are going to work on."
2010 execution proceedings
A Riverside County judge scheduled the execution of Albert Greenwood BrownAlbert Greenwood Brown
Albert Greenwood Brown, Jr. is an American convicted of sexual molestation of a minor, two counts of rape, and the murder of an adolescent in Riverside, California. He was scheduled to die by lethal injection at 9 p.m. on September 30, 2010 in California's first use of capital punishment...
for September 29, 2010, after a California court lifted an injunction against capital punishment with the certification of new procedures on August 29 of that year. Brown is the first inmate scheduled to be executed in a newly built facility at San Quentin State Prison. The prison's visitor center was converted in a $853,000 renovation
Renovation
Renovation is the process of improving a structure. Two prominent types of renovations are commercial and residential.-Process:The process of a renovation, however complex, can usually be broken down into several processes...
that is four times larger than the old gas chamber that led to the moratorium. Four individual phones were installed with individual red warning lights in the event of a call from the Governor of California
Governor of California
The Governor of California is the chief executive of the California state government, whose responsibilities include making annual State of the State addresses to the California State Legislature, submitting the budget, and ensuring that state laws are enforced...
, the California Attorney General
California Attorney General
The California Attorney General is the State Attorney General of California. The officer's duty is to ensure that "the laws of the state are uniformly and adequately enforced" The Attorney General carries out the responsibilities of the office through the California Department of Justice.The...
, the warden, or the U.S. Supreme Court. The facility has been set up to utilize a protocol of a three-drug combination of sodium thiopental
Sodium thiopental
Sodium thiopental, better known as Sodium Pentothal , thiopental, thiopentone sodium, or Trapanal , is a rapid-onset short-acting barbiturate general anaesthetic...
, pancuronium bromide and potassium chloride
Potassium chloride
The chemical compound potassium chloride is a metal halide salt composed of potassium and chlorine. In its pure state, it is odorless and has a white or colorless vitreous crystal appearance, with a crystal structure that cleaves easily in three directions. Potassium chloride crystals are...
or a single injection of sodium thiopental in which the dose is increased from 3 to 5 grams to make it lethal by itself. Brown was examined by the prison staff to check that his veins were healthy enough for the injection process. The premises have also been wired with speakers so that last words from the condemned inmate can be broadcast.
Judge Fogel, whose previous ruling had halted executions in California, directed Brown to select a method of execution, but Brown refused. In the absence of a decision, the prison would default to the three-drug protocol. Fogel stated that he would have considered a stay of execution
Stay of execution
A stay of execution is a court order to temporarily suspend the execution of a court judgment or other court order. The word "execution" does not necessarily mean the death penalty; it refers to the imposition of whatever judgment is being stayed....
if Brown selected a single injection and the prison refused to carry it out. The 9th Circuit Court of Appeals ordered Fogel to revisit the case because California law specified that the inmate should only choose between the gas chamber and lethal injection, not the drugs themselves.
According to Lt. Sam Robinson of San Quentin State Prison, the gas chamber
Gas chamber
A gas chamber is an apparatus for killing humans or animals with gas, consisting of a sealed chamber into which a poisonous or asphyxiant gas is introduced. The most commonly used poisonous agent is hydrogen cyanide; carbon dioxide and carbon monoxide have also been used...
is still fully functional and available if required. Fogel admitted his previous offer to Brown was "ill-advised" and halted the execution to permit time to determine whether the new injection procedures addressed defense arguments of cruel and unusual punishment
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...
.
The appeals court also noted that the prison's supply of sodium thiopental, a drug required for lethal injection, would expire
Shelf life
Shelf life is the length of time that food, drink, medicine, chemicals, and many other perishable items are given before they are considered unsuitable for sale, use, or consumption...
on October 1, 2010. California and other states were running short of the drug because the manufacturer Hospira
Hospira
Hospira, Inc. is a U.S.-based global pharmaceutical and medical device company with headquarters in Lake Forest, Illinois. It has approximately 14,000 employees. Hospira is the world's largest producer of generic injectable pharmaceuticals, manufacturing generic acute-care and oncology...
was unable to meet demand until January 2011, at the earliest. As a result, state attorney general Jerry Brown
Jerry Brown
Edmund Gerald "Jerry" Brown, Jr. is an American politician. Brown served as the 34th Governor of California , and is currently serving as the 39th California Governor...
recommended halting any further executions until necessary supplies were secured.
Method
Prisoners sentenced to death are allowed to select lethal injection or asphyxiationNitrogen asphyxiation
Nitrogen asphyxiation is an occasional cause of accidental death and a theoretical method of capital punishment advocated in a National Review article, "Killing with kindness – capital punishment by nitrogen asphyxiation"...
.
Under the California Penal Code § 3604:
- "The punishment of shall be inflicted by the administration of a lethal gas or by an intravenous injection of a substance or substances in a lethal quantity sufficient to cause death…"
Pursuant to subsection (b) of that Code section, if the prisoner does not make a decision on the method within 10 days after the warden's service upon the inmate of an execution warrant, then the default is given as lethal injection.
In October 1994, a United States federal judge
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
ruled that the gas chamber was an unconstitutionally cruel and unusual punishment
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...
in Fierro v. Gomez, 865 F.Supp. 1387 (N.D. Cal. 1994), and this was upheld by the U.S. 9th Circuit Court of Appeals
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
in February 1996, Fierro v. Gomez, 77 F.3d 301 (9th Cir. 1996). The Supreme Court of the United States never ruled on the case, however, as California amended its statute to provide lethal injection as the default method while the case was pending on appeal. 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...
, however, did subsequently hold in Stewart v. LaGrand, 526 U.S. 115 (1999) that by selecting a particular method of execution an inmate waives his right to challenge that method's constitutionality. This means that lethal gas still theoretically remains an option in California should an inmate opt for it.
As in any other state, people who are under 18 at the time of commission of the capital crime or mentally retarded are constitutionally precluded from being executed.
Capital offenses
The penal code provides for possible capital punishment in:- treasonTreasonIn law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
against the state of California, defined as levying war against the state, adhering to its enemies, or giving them aid and comfort. - perjuryPerjuryPerjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
causing execution of an innocent person - first-degree murderMurderMurder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
with special circumstances- for financial gainContract killingContract killing is a form of murder, in which one party hires another party to kill a target individual or group of people. It involves an illegal agreement between two parties in which one party agrees to kill the target in exchange for consideration, monetary, or otherwise. The hiring party may...
(1) - the defendant had previously been convicted of first or second degree murder (2)
- multiple murders (3)
- committed using explosivesExplosive materialAn explosive material, also called an explosive, is a reactive substance that contains a great amount of potential energy that can produce an explosion if released suddenly, usually accompanied by the production of light, heat, sound, and pressure...
(4) ; (6) - to avoid arrestArrestAn arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
or aiding in escaping custody (5) - the victim was an on-duty peace officerPeace officerA law enforcement officer , in North America, is any public-sector employee or agent whose duties involve the enforcement of laws. The phrase can include police officers, prison officers, customs officers, immigration officers, bailiffs, probation officers, parole officers, auxiliary officers, and...
; federal law enforcement officer or agent; or firefighterFirefighterFirefighters are rescuers extensively trained primarily to put out hazardous fires that threaten civilian populations and property, to rescue people from car incidents, collapsed and burning buildings and other such situations...
(7) ; (8) ; (9) - the victim was a witnessWitnessA witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
to a crime and the murder was committed to prevent them from testifying (10) - the victim was a prosecutorProsecutorThe prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
or assistant prosecutor; judgeJudgeA judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
or former judge; elected or appointed official; jurorJuryA jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
; and the murder was in retaliation for the victim's official duties (11) ; (12) ; (13) ; (20) - the murder was "especially heinous, atrocious, or cruelCrueltyCruelty can be described as indifference to suffering, and even positive pleasure in inflicting it. If this is supported by a legal or social framework, then receives the name of perversion. Sadism can also be related to this form of action or concept....
, manifesting exceptional depravity" (14) - the murderer lay in waitAmbushAn ambush is a long-established military tactic, in which the aggressors take advantage of concealment and the element of surprise to attack an unsuspecting enemy from concealed positions, such as among dense underbrush or behind hilltops...
for the victim (15) - the victim was intentionally killed because of their race, religionReligionReligion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
, nationalityNationalityNationality is membership of a nation or sovereign state, usually determined by their citizenship, but sometimes by ethnicity or place of residence, or based on their sense of national identity....
, or sexual orientationSexual orientationSexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
. (a hate crimeHate crimeIn crime and law, hate crimes occur when a perpetrator targets a victim because of his or her perceived membership in a certain social group, usually defined by racial group, religion, sexual orientation, disability, class, ethnicity, nationality, age, gender, gender identity, social status or...
) (16) - the murder was committed during the commissioning of robberyRobberyRobbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
; kidnappingKidnappingIn criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
; rapeRapeRape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
; sodomySodomySodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
; performance of a lewd or lasciviousLascivious"Lascivious" is a word synonymous with lustful or lewd or unruly .- Legal usage :In American legal jargon, lascivious is a semi-technical term indicating immoral sexual thoughts or actions. It is often used in the legal description of criminal acts in which some sort of sexual activity is...
act upon the person of a child under the age of 14 years; oral copulationOral sexOral sex is sexual activity involving the stimulation of the genitalia of a sex partner by the use of the mouth, tongue, teeth or throat. Cunnilingus refers to oral sex performed on females while fellatio refer to oral sex performed on males. Anilingus refers to oral stimulation of a person's anus...
; burglaryBurglaryBurglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...
; arsonArsonArson is the crime of intentionally or maliciously setting fire to structures or wildland areas. It may be distinguished from other causes such as spontaneous combustion and natural wildfires...
; train wrecking; mayhemMayhem (crime)Mayhem is a criminal offence consisting of the intentional maiming of another person.Under the common law of England and Wales and other common law jurisdictions, it originally consisted of the intentional and wanton removal of a body part that would handicap a person's ability to defend himself in...
; rape by instrument; carjackingCarjackingCarjacking is a form of hijacking, where the crime is of stealing a motor vehicle and so also armed assault when the vehicle is occupied. Historically, such as in the rash of semi-trailer truck hijackings during the 1960s, the general term hijacking was used for that type of vehicle abduction,...
; tortureTortureTorture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
; poisonPoisonIn the context of biology, poisons are substances that can cause disturbances to organisms, usually by chemical reaction or other activity on the molecular scale, when a sufficient quantity is absorbed by an organism....
ing (17) - the murder was intentional and involved the infliction of torture (18)
- poisonPoisonIn the context of biology, poisons are substances that can cause disturbances to organisms, usually by chemical reaction or other activity on the molecular scale, when a sufficient quantity is absorbed by an organism....
ing (19) - the murder was committed by discharging a firearm from a motor vehicleDrive-by shootingA drive-by shooting is a form of hit-and-run tactic, a personal attack carried out by an individual or individuals from a moving or momentarily stopped vehicle without use of headlights to avoid being noticed. It often results in bystanders being shot instead of, or as well as, the intended target...
(21) - the defendant is an active member of a criminal street gangGangA gang is a group of people who, through the organization, formation, and establishment of an assemblage, share a common identity. In current usage it typically denotes a criminal organization or else a criminal affiliation. In early usage, the word gang referred to a group of workmen...
and was to further the activities of the gang (22)
- for financial gain
- train wreckTrain wreckA train wreck or train crash is a type of disaster involving one or more trains. Train wrecks often occur as a result of miscommunication, as when a moving train meets another train on the same track; or an accident, such as when a train wheel jumps off a track in a derailment; or when a boiler...
ing which leads to a person's death.
Public opinion
The Field Research Corporation found in February 2004 that when asked how they personally felt about capital punishment, 68% supported it and 31% opposed it (6% offered no opinion). This was a fall from 72% two years previous, and a rise from 63% in 2000. The 2004 poll was asked about the time that Kevin CooperKevin Cooper (inmate)
Kevin Cooper is a death row inmate currently held in California's San Quentin Prison. Cooper was convicted of four murders that occurred in the Chino Hills area of California in 1983...
had his execution stayed hours before his scheduled death after 20 years on Death Row.
When asked if they thought the death penalty generally fair and free of error in California, 58% agreed and 32% disagreed (11% offered no opinion). When the results were broken down along ethnicity, of the people who identified themselves as African American
African American
African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...
, 57% disagreed that the death penalty was fair and free of error.
Executions after 1976
A total of 13 individuals convicted of murder have been executed by the state of California following the 1976 U.S. Supreme Court decision of Gregg v. GeorgiaGregg 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...
. The first two executions were by gas chamber
Gas chamber
A gas chamber is an apparatus for killing humans or animals with gas, consisting of a sealed chamber into which a poisonous or asphyxiant gas is introduced. The most commonly used poisonous agent is hydrogen cyanide; carbon dioxide and carbon monoxide have also been used...
; all subsequent executions were by lethal injection
Lethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...
.
| Executed person | Date of execution | Victims | Under Governor | |
|---|---|---|---|---|
| 1 | 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... |
April 21, 1992 | John Mayeski and Michael Baker | Wilson Pete Wilson Peter Barton "Pete" Wilson is an American politician from California. Wilson, a Republican, served as the 36th Governor of California , the culmination of more than three decades in the public arena that included eight years as a United States Senator , eleven years as Mayor of San Diego and... |
| 2 | David Edwin Mason David Mason (murderer) David Edwin Mason was an American serial killer who was executed in San Quentin's gas chamber in 1993. This marked the second execution in the state of California since 1967, and the last execution by gas chamber in that state... |
August 24, 1993 | Joan Picard, Arthur Jennings, Boyd Johnson, Antionette Brown, and Dorothy Land | Wilson Pete Wilson Peter Barton "Pete" Wilson is an American politician from California. Wilson, a Republican, served as the 36th Governor of California , the culmination of more than three decades in the public arena that included eight years as a United States Senator , eleven years as Mayor of San Diego and... |
| 3 | William George Bonin William Bonin William George Bonin was an American serial killer and a twice-paroled sex offender, also known as the Freeway Killer, a nickname he shares with two other serial killers. Between 1979 and 1980, Bonin tortured, raped and killed a minimum of 21 boys and young men, and is suspected of committing a... |
February 23, 1996 | Marcus Grabs, Donald Hyden, David Murillo, Dennis Frank Fox, Charles Miranda, James McCabe, Ronald Gatlin, Harry Todd Turner, Russell Rugh, Glenn Barker, Steven Wood, Darin Lee Kendrick, Lawrence Sharp, and Steven Jay Wells | Wilson Pete Wilson Peter Barton "Pete" Wilson is an American politician from California. Wilson, a Republican, served as the 36th Governor of California , the culmination of more than three decades in the public arena that included eight years as a United States Senator , eleven years as Mayor of San Diego and... |
| 4 | Keith Daniel Williams | May 31, 1996 | Lourdes Meza, Miguel Vargas and Salvador Vargas | Wilson Pete Wilson Peter Barton "Pete" Wilson is an American politician from California. Wilson, a Republican, served as the 36th Governor of California , the culmination of more than three decades in the public arena that included eight years as a United States Senator , eleven years as Mayor of San Diego and... |
| 5 | Thomas Martin Thompson | July 14, 1998 | Ginger Fleischli | Wilson Pete Wilson Peter Barton "Pete" Wilson is an American politician from California. Wilson, a Republican, served as the 36th Governor of California , the culmination of more than three decades in the public arena that included eight years as a United States Senator , eleven years as Mayor of San Diego and... |
| 6 | Jaturun Siripongs | February 9, 1999 | Packovan Wattanporn and Quach Nguyen | Davis Gray Davis Joseph Graham "Gray" Davis, Jr. is an American Democratic politician who served as California's 37th Governor from 1999 until being recalled in 2003... |
| 7 | Manuel Pina Babbitt Manny Babbitt Manuel Pina "Manny" Babbitt was a U.S. Marine veteran of the Vietnam War who was convicted of the murder of a 78-year-old woman, Leah Schendel, during a burglary in Sacramento, California in 1980. He was executed by the state of California by lethal injection at San Quentin State Prison, one day... |
May 4, 1999 | Leah Schendel | Davis Gray Davis Joseph Graham "Gray" Davis, Jr. is an American Democratic politician who served as California's 37th Governor from 1999 until being recalled in 2003... |
| 8 | Darrell Keith Rich | March 15, 2000 | Annette Fay Edwards, Patricia Ann Moore, Linda Diane Slovik, and Annette Lynn Selix | Davis Gray Davis Joseph Graham "Gray" Davis, Jr. is an American Democratic politician who served as California's 37th Governor from 1999 until being recalled in 2003... |
| 9 | Robert Lee Massie | March 27, 2001 | Boris G. Naumoff | Davis Gray Davis Joseph Graham "Gray" Davis, Jr. is an American Democratic politician who served as California's 37th Governor from 1999 until being recalled in 2003... |
| 10 | Stephen Wayne Anderson Stephen Wayne Anderson Stephen Wayne Anderson was an American murderer who was executed in California's San Quentin State Prison by lethal injection in 2002.-The crimes:... |
January 29, 2002 | Elizabeth Lyman | Davis Gray Davis Joseph Graham "Gray" Davis, Jr. is an American Democratic politician who served as California's 37th Governor from 1999 until being recalled in 2003... |
| 11 | Donald Jay Beardslee Donald Beardslee Donald Jay Beardslee was an American murderer executed by means of a lethal injection in San Quentin State Prison, California.-Early life :... |
January 19, 2005 | Stacey Benjamin and Patty Geddling | Schwarzenegger Arnold Schwarzenegger Arnold Alois Schwarzenegger is an Austrian-American former professional bodybuilder, actor, businessman, investor, and politician. Schwarzenegger served as the 38th Governor of California from 2003 until 2011.... |
| 12 | Stanley Tookie Williams Stanley Williams Stanley Tookie Williams III was the co-founder of the Crips, a notorious American street gang which had its roots in South Central Los Angeles in 1969. In 1979 he was convicted of four murders committed in the course of robberies, sentenced to death, and eventually executed... |
December 13, 2005 | Albert Owens, Yen-Yi Yang, Tsai-Shai Lin, and Yee-Chen Lin | Schwarzenegger Arnold Schwarzenegger Arnold Alois Schwarzenegger is an Austrian-American former professional bodybuilder, actor, businessman, investor, and politician. Schwarzenegger served as the 38th Governor of California from 2003 until 2011.... |
| 13 | Clarence Ray Allen Clarence Ray Allen Clarence Ray Allen was an American murderer who was executed by lethal injection at San Quentin State Prison in California for the murders of three people. At age 76 in 2006, he became the second-oldest inmate to be executed in the United States since 1976, after John B. Nixon of Mississippi who... |
January 17, 2006 | Bryon Schletewitz, Josephine Rocha, and Douglas White | Schwarzenegger Arnold Schwarzenegger Arnold Alois Schwarzenegger is an Austrian-American former professional bodybuilder, actor, businessman, investor, and politician. Schwarzenegger served as the 38th Governor of California from 2003 until 2011.... |
See also
- Capital punishment in the United StatesCapital punishment in the United StatesCapital punishment in the United States, in practice, applies only for aggravated murder and more rarely for felony murder. Capital punishment was a penalty at common law, for many felonies, and was enforced in all of the American colonies prior to the Declaration of Independence...
- Crime in CaliforniaCrime in CaliforniaCrime in California refers to the statistics and history of crime in the American state of California-Statistics:In 2008 there were 1,265,920 crimes reported in California including 2,142 murders 8,903 rapes and 1,080,747 property crimes -History:...
External links
- Inmates Executed, 1893 to Present. California Department of Corrections and RehabilitationCalifornia Department of Corrections and RehabilitationThe California Department of Corrections and Rehabilitation is responsible for the operation of the California state prison and parole systems. CDC&R is the second largest law enforcement or police agency in the United States behind the New York City Police Department which employs approximately...
. Retrieved on 2011-10-15. - Executions in California 1778–1967
- Capital Punishment Information from the California Department of Corrections and RehabilitationCalifornia Department of Corrections and RehabilitationThe California Department of Corrections and Rehabilitation is responsible for the operation of the California state prison and parole systems. CDC&R is the second largest law enforcement or police agency in the United States behind the New York City Police Department which employs approximately...
- California execution chamber photos