1. California Death Penalty History: Pretty typical patterns -- Few executions -- Privatization and centralization -- More “humane” executions -- Mostly poor, minorities and immigrants (recent arrivals to the state) (recent arrivals to the state)

2. California Death Penalty Abolition: -- Last exec in 1967 -- 1972 – a few months before Furman Calif Supreme Court abolished dp Calif Supreme Court abolished dp Cruel and unusual punishment Cruel and unusual punishment -- In the wake of highly publicized cases - e.g., Caryl Chessman - e.g., Caryl Chessman (for more info, google Caryl Chessman and go to the Wikipedia page) (for more info, google Caryl Chessman and go to the Wikipedia page)

3. California Death Penalty Reinstatement in the mid 1970s: Legislature adopts new DP in 1977 following the Gregg (1976) ruling Public initiative expands the DP in 1978 - makes most first degree murders - makes most first degree murders eligible for the DP eligible for the DP

4. California Death Penalty Over the last 30 years: Typical pattern for dp state outside the south – large death row, very few execs DP becomes a “political football” between conservatives and opponents of the DP

5. California Death Penalty The “Broken System”: Note: State courts and politicians can’t fix the problems because of politics of the dp – if they try they will be targeted by conservatives and removed from the Court or office

6. California Death Penalty Calif Comm on the Fair Admin of Justice (appointed by the Calif Senate) (appointed by the Calif Senate) -- Broad representation -- Report issued June 2008 -- Calif DP system “dysfunctional” and “close to collapse” “close to collapse”

7. California Death Penalty Among the key problems: Cost, delays, and possible mistakes (also, maybe, race/ethnic discrimination – our data) Basic problems with the process – lack of defense lawyers + huge court backlogs

8. California Death Penalty Secondary problem – Calif courts vs. Federal Court (9th District) Calif courts “rubber stamp” sentences (lowest overturn rate in the US) Fed Court (9 th District) has highest overturn rate in the US

9. California Death Penalty Back to politics of the dilemma Cons criticize fed court, want faster execs – ignore mistakes and discrim DP critics fault the state courts for not making system fair and efficient – by rubber stamping sham trials, state courts send problems to fed courts

10. California Death Penalty Possible solutions – more lawyers, more courts to speed up appeals and execs The dilemma – ending delays means much higher costs, much higher likelihood of mistakes, and would re-raise the issue of race/ethnic discrimination

11. California Death Penalty The “bottom line” The Calif DP is a broken system that can’t be fixed, but can’t be abolished either