Like most of California's penal system, the death penalty procedure is in trouble.
The first commission to conduct an in-depth study of the state's death penalty since it was enacted legislatively in 1977 gave the California electorate clear choices: spend more money – about $100 million more per year – to make sure the death penalty is adequately administered; reduce the number of crimes subject to the death penalty – there are about 21 circumstances calling for the death penalty under state law; or abolish the death penalty altogether.
Of course, there always is the option of doing nothing – unfortunately, the likely outcome since the death penalty is extremely politically sensitive, and few lawmakers would be willing to take the lead in calling for millions of dollars more during a severe budget crisis. Nor would many call for its abolition. Although the percentage of Californians supporting the death penalty is shrinking, it is still supported by a large majority of voters.
But here are some things to consider about the death penalty in California:
There are 673 people currently on death row.
Only 13 have been executed since 1977; 40 have died of natural causes.
It costs the state $138 million per year to administer the death penalty.
Thirty prisoners have been on death row 25 years or more.
For the few who are eventually executed, the average time between sentencing and execution is 17 years, far longer than any other state.
Keeping a prisoner on death row costs $90,000 more each year than keeping him or her in maximum security.
Clearly, the capital punishment system is not working in California. Short of the politically difficult options listed above, the Legislature could propose some administrative procedures to speed the process. For instance, courts lower than the state Supreme Court could be allowed to handle automatic appeals, or more funding could be provided to train more attorneys who are qualified to handle death penalty cases.
Whatever changes are proposed will require voter approval. So it will be up to each of us to decide what to do about what the commission and the state's chief justice call a dysfunctional system.
