Death Penalty Ends In California. Unconstitutional Fed'l Judge Rules

Wednesday, an Orange County Federal Judge deemed California’s Death Penalty to be unconstitutional, halting the killing machine in that state and possibly being the start of ending it nationally, according to experts.

California’s death-row population has over 740 prisoners—nearly twice that of any other state. Many of those inmates have been languishing for decades as litigation proceedings drag through the courts.

The judge called the death penalty “arbitrary”, with too much lag time between sentencing and punishment.  

“So, the law just caught up with what prisoners, their families and activists around the country already know – the Death Penalty is in constitutional violation with the Eighth Amendment’s prohibition against ‘cruel and unusual punishment,” Prison Radio reported. 

This ruling halts the killing machine and gives hope to the 748 people presently on California’s Death Row, the most of any state.

This California decision could set a much needed precedent.

“It is a conclusion that many judges in California in the state and federal court have come to, that the state’s death-penalty system is dysfunctional,” said Richard Dieter, executive director of the Death Penalty Information Center. “What this judge did was take it a step further and say because it is so unruly … it cannot be applied, that it is wrong to apply such a random and unpredictable punishment to anyone.”

Dieter expects California to appeal the decision to the 9th Circuit Court of Appeals, and, if upheld, he said the case could reach the Supreme Court.

“The implications are far beyond California,” Dieter added.

Eighteen states have abolished the death penalty. Some others have in place de facto moratoriums.

Six states—Texas, Virginia, Oklahoma, Florida, Missouri, and Alabama — have accounted for about two-thirds of all executions since 1972.