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Federal Judge Rules CA Death Penalty Unconstitutional

A federal judge in California has ruled California's death penalty system is unconstitutional. He says a death sentence in California is nothing but a penalty of "life with the remote possibility of death." The opinion is here. Since the penalty is so rarely carried out (no one has been executed since 2006), "the death penalty is about as effective a deterrent to capital crime as ther /> possibility of a lightning strike is to going outside in the rain."

This is a problem that has festered in California for years. A major problem, as the judge notes in yesterday's opinion, is California's refusal to adequately fund lawyers. While many media articles briefly mention this, it is a significant part of the judge's decision. [More...]

On the record before it, the Court finds that much of the delay in California’s postconviction review process is created by the State itself, not by inmates’ own interminable efforts to delay. Most Death Row inmates wait between three and five years for counsel to be appointed for their direct appeal. After the issues are briefed on direct appeal, another two to three years are spent waiting for oral argument to be scheduled before the California Supreme Court. On state habeas review, far from meeting the ideal goal of appointing state habeas counsel shortly after the death verdict, at least eight to ten years elapse between the death verdict and appointment of habeas counsel. When that counsel is appointed by the State, investigation of potential claims is hampered by underfunding, which in turn slows down the federal habeas review process.

California has executed one person since 2006. Although more than 900 have been sentenced to death since 1978, only 13 have been executed. Due to the dysfunctional system, that's unlikely to change. As the judge writes:

In fact, just to carry out the sentences of the 748 inmates currently on Death Row, the State would have to conduct more than one execution a week for the next 14 years. Such an outcome is obviously imposs