Philippine Standard Time
Monday, June 10, 2019, 2:18:54AM

In Defense of the Right to Life: International Law and Death Penalty in the Philippines

A study by the Commission on Human Rights of the Philippines and Dr. Christopher Ward, SC, Australian Bar, Adjunct Professor, Australian National University

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Zimbabwe Considers Abolishing Death Penalty
Human Rights Watch | https://www.hrw.org/news/2024/02/15/zimbabwe-considers-abolishing-death-penalty, February 15, 2024
Death penalty incompatible with right to life
OHCHR | https://www.ohchr.org/en/stories/2024/01/death-penalty-incompatible-right-life, January 31, 2024
Debunking narratives for a return of the death penalty
WCADP | https://worldcoalition.org/2023/11/13/debunking-narratives-for-a-return-of-death-penalty/, November 13, 2023
Jury in Pittsburgh synagogue trial to begin deliberating death penalty
The New York Times | https://www.nytimes.com/2023/07/31/us/pittsburgh-synagogue-deliberations-death-penalty.html, July 31, 2023
Singapore executes a woman for first time in almost two decades
The Guardian | https://www.theguardian.com/world/2023/jul/28/singapore-woman-execute-death-penalty-saridewi-djamani-executed, July 28, 2023
Ghana votes to remove death penalty, calling it sign of ‘inhumane’ society
The Washington Post | https://www.washingtonpost.com/world/2023/07/26/ghana-parliament-abolish-death-penalty/, July 26, 2023
Comment by UN High Commissioner for Human Rights Volker Türk after Ghana’s Parliament votes to abolish death penalty
UN OHCHR | https://www.ohchr.org/en/stories/2023/04/hc-death-penalty-should-be-abolished-21st-century, July 26, 2023
Parents in South Korea who kill newborns now face death penalty after law passed
The Straits Times | https://www.straitstimes.com/asia/east-asia/south-korea-parents-who-kill-newborns-now-face-death-penalty-after-law-passed, July 19, 2023
Capitol Hill Democrats introduce bill to end federal death penalty
Catholic News Agency | https://www.catholicnewsagency.com/news/254839/capitol-hill-democrats-introduce-bill-to-end-federal-death-penalty, July 19, 2023
North Koreans risk death penalty for using South Korean language
Scottish Legal News | https://www.scottishlegal.com/articles/north-koreans-risk-death-penalty-for-using-south-korean-language, June 30, 2023
Arizona Man Is Freed After 28 Years on Death Row
New York Times | https://www.nytimes.com/2023/06/16/us/arizona-barry-jones-conviction-overturned.html, June 16, 2023
Two Australians facing death penalty in Vietnam granted clemency
Al Jazeera | https://www.aljazeera.com/news/2023/6/6/two-australians-facing-death-penalty-in-vietnam-granted-clemency, June 06, 2023
Japanese Supreme Court upholds mans death sentence for Manila murders
The Japan Times | https://www.japantimes.co.jp/news/2023/06/05/national/crime-legal/toshihiko-iwama-supreme-court-sentence-upheld/, June 05, 2023
Zimbabwe’s new bill that imposes death penalty for ‘unpatriotic acts’
Africa Feeds | https://africafeeds.com/2023/06/01/zimbabwes-new-bill-that-imposes-death-penalty-for-unpatriotic-acts/, June 01, 2023
Iran hangs three on drug charges amid criticism
Al Jazeera | https://www.aljazeera.com/news/2023/5/21/iran-hangs-three-on-drug-charges-amid-criticism, May 21, 2023
Singapore: OHCHR calls on authorities to halt imminent trafficking execution
United Nation News | https://news.un.org/en/story/2023/04/1136022, April 25, 2023
Washington state eliminates death penalty from law
CNN | https://edition.cnn.com/2023/04/21/politics/washington-state-death-penalty-eliminated/index.html, April 21, 2023
HC: Death penalty should be abolished in the 21st century
UN OHCHR | https://www.ohchr.org/en/stories/2023/04/hc-death-penalty-should-be-abolished-21st-century, April 03, 2023
HC: Death penalty should be abolished in the 21st century
UN OHCHR | https://www.ohchr.org/en/stories/2023/04/hc-death-penalty-should-be-abolished-21st-century, April 03, 2023
HC: Death penalty should be abolished in the 21st century
UN OHCHR | https://www.ohchr.org/en/stories/2023/04/hc-death-penalty-should-be-abolished-21st-century, April 03, 2023
HC: Death penalty should be abolished in the 21st century
UN OHCHR | https://www.ohchr.org/en/stories/2023/04/hc-death-penalty-should-be-abolished-21st-century, April 03, 2023
Malaysia ends mandatory death penalty for serious crimes
BBC News | https://www.bbc.com/news/world-asia-65160091, April 03, 2023
Surge in executions of drug offenders in 2022, more on death row
Al Jazeera | https://www.aljazeera.com/news/2023/3/16/surge-in-executions-of-drug-offenders-in-2022-more-on-death-row, March 16, 2023
Pope condemns Irans use of death penalty against protesters
Reuters | https://www.reuters.com/world/europe/pope-says-wars-like-that-ukraine-are-crime-against-god-humanity-2023-01-09/, January 09, 2023
Pope Francis’ prayer intention for September: ‘Abolition of the death penalty’
CBCP News | https://cbcpnews.net/cbcpnews/pope-francis-prayer-intention-for-september-abolition-of-the-death-penalty/?fbclid=IwAR3iULIPLvQJPPcXrjjp6IieOYM5V_6sHPMu36rdXbereY7Aqe2N9k07YzA, September 01, 2022
Singapore executes two drug traffickers despite pleas for clemency
CNN | https://edition.cnn.com/2022/07/07/asia/singapore-executions-kalwant-singh-intl-hnk/index.html, July 07, 2022
Malaysia to abolish mandatory death penalty
Al Jazeera | https://www.aljazeera.com/news/2022/6/10/malaysia-to-abolish-mandatory-death-penalty, June 10, 2022
Missionary priest praises Central African Republic for abolishing death penalty
Crux | https://cruxnow.com/church-in-africa/2022/06/missionary-priest-praises-central-african-republic-for-abolishing-death-penalty, June 02, 2022
Saudi Arabia: Release Abdullah al-Howaiti, revoke death sentence
Un News | https://news.un.org/en/story/2022/05/1119392, May 31, 2022
Rights office welcomes Zambia’s pledge to abolish the death penalty
UN News | https://news.un.org/en/story/2022/05/1119282, May 22, 2022
Kazakhstan Finalizes Commitment to Abolishing Death Penalty, Submits Ratification of Protocol to UN
The Astana Times | https://astanatimes.com/2022/03/kazakhstan-finalizes-commitment-to-abolishing-death-penalty-submits-ratification-of-protocol-to-un/, March 28, 2022
Papua New Guinea abolishes death penalty
JURIST | https://www.jurist.org/news/2022/01/papua-new-guinea-abolishes-death-penalty/, January 24, 2022
‘Just Mercy’ author urges Utah Legislature to abolish death penalty
Deseret News | https://www.deseret.com/utah/2022/1/19/22891315/utah-abolish-death-penalty-bryan-stevenson-just-mercy-capital-punishment-execution-ron-lafferty, January 20, 2022
Macron calls for worldwide end to death penalty on 40th anniversary of French abolition
France 24 | https://www.france24.com/en/france/20211009-live-macron-marks-40-years-since-france-s-abolition-of-the-death-penalty, September 10, 2021
Virginia Becomes First Southern State to Abolish the Death Penalty
The New York Times | https://www.nytimes.com/2021/03/24/us/politics/virginia-death-penalty.html, March 24, 2021
Death penalty debate reemerges in Nevada after past stalls
Fox 5 (Las Vegas) | https://www.fox5vegas.com/election_hq/death-penalty-debate-reemerges-in-nevada-after-past-stalls/article_0688f6c2-8cf7-11eb-92c9-87b29a7fff72.html, March 24, 2021
Virginia becomes first state in US south to abolish death penalty
ALJAZEERA | https://www.aljazeera.com/news/2021/3/24/virginia-becomes-first-southern-state-to-end-death-penalty, March 24, 2021
Abolish the federal death penalty
Chicago Sun-times | https://chicago.suntimes.com/2021/3/1/22308151/federal-death-penalty-abolish-illinois-editorial, March 01, 2021
Family members of murder victims speak out against the death penalty
KPVI News 6 | https://www.kpvi.com/news/local_news/family-members-of-murder-victims-speak-out-against-the-death-penalty/article_a277f95a-7b0b-11eb-b0db-e71c026bc980.html, March 01, 2021
Bill To Repeal Death Penalty Filed In Wyoming Legislature
Kgab | https://kgab.com/bill-to-repeal-death-penalty-filed-in-wyoming-legislature/, March 01, 2021
State Senate Votes to Abolish Death Penalty
Newsradio 1140 WRVA | https://www.radio.com/newsradiowrva/articles/local/state-senate-votes-to-abolish-death-penalty, February 04, 2021
Trump administration carries out 13th, final federal execution
Aljazeera | https://www.aljazeera.com/news/2021/1/16/trump-administration-carries-out-13th-final-federal-execution, January 16, 2021
A federal judge has granted a stay of execution for the only woman on federal death row pending a competency hearing
CNN | https://edition.cnn.com/2021/01/12/us/lisa-montgomery-execution-stayed/index.html, January 12, 2021
Asian Nations Reject UN Vote Against Death Penalty
Human Rights Watch | https://www.hrw.org/news/2020/11/25/asian-nations-reject-un-vote-against-death-penalty, November 24, 2020
Holy See: ‘Death penalty the most shocking thing in the world
Vatican News | https://www.vaticannews.va/en.html, October 10, 2020
Tunisia president calls for return of death penalty following brutal killing
The Guardian | https://www.theguardian.com/global-development/2020/oct/01/tunisia-president-calls-for-return-of-death-penalty-following-brutal-killing, October 01, 2020
Kazakhstan takes important step towards abolishing death penalty
Amnesty Internatonal | https://www.amnesty.org/en/latest/news/2020/09/kazakhstan-takes-important-step-towards-abolishing-death-penalty/, September 24, 2020
US Bishops stress opposition to death penalty
Independent Catholic News | https://www.indcatholicnews.com/news/40518, September 23, 2020
‘Travesty of justice’: Reaction to execution of Iranian wrestler
Aljazeera | https://www.aljazeera.com/news/2020/9/14/travesty-of-justice-reaction-to-execution-of-iranian-wrestler, September 14, 2020
Unpacking public opinion on the death penalty
Asia Pacific Forum | https://www.asiapacificforum.net/news/unpacking-public-opinion-death-penalty/?fbclid=IwAR1nZrobPsNYhxX0OPAMarJzD5XNqcgpYDWN26O7NXkr4ZomfUPk5jiGhvI, July 28, 2020
The Florida Supreme Court’s U-turn on the death penalty
Tampa Bay Times | https://www.tampabay.com/opinion/2020/05/27/the-florida-supreme-courts-u-turn-on-the-death-penalty-editorial/, May 28, 2020
Man sentenced to death in Singapore via Zoom
BBC News | https://www.bbc.com/news/technology-52739676, May 20, 2020
Saudi Arabia ends death penalty for crimes committed by minors
The Guardian | https://www.theguardian.com/world/2020/apr/27/saudi-arabia-ends-death-penalty-for-minors, April 27, 2020
Catholic leaders praise abolition of death penalty in Colorado
CRUX | https://cruxnow.com/church-in-the-usa/2020/03/catholic-leaders-praise-abolition-of-death-penalty-in-colorado/, March 25, 2020
Colorado Abolishes Death Penalty and Commutes Sentences of Death Row Inmates
The New York Times | https://www.nytimes.com/2020/03/23/us/colorado-death-penalty-repeal.html, March 23, 2020
UK urged to act over men facing death in Egypt for alleged childhood crimes
The Guardian | https://www.theguardian.com/global-development/2020/mar/08/uk-urged-to-act-over-men-facing-death-in-egypt-for-alleged-childhood-crimes, March 08, 2020
Berlin International Film Festival: Iranian film about executions wins top prize
BBC | https://www.bbc.com/news/world-middle-east-51693417, February 29, 2020
Trump condemned after claiming very powerful death penalty would reduce drug dealing
The Independent | https://www.independent.co.uk/news/world/americas/us-politics/trump-drug-death-penalty-china-crime-white-house-a9328356.html, February 11, 2020
Outsourcing injustice: Guantanamo on the Euphrates
Al Jazeera News | https://www.aljazeera.com/indepth/opinion/outsourcing-injustice-guantanamo-euphrates-200203105251830.html, February 04, 2020
British Isis prisoners may end up in Iraq, where death sentences are handed down without due process
Independent | https://www.independent.co.uk/news/world/middle-east/isis-iraq-international-law-prisoner-deaths-trial-a9311556.html, February 02, 2020
Saudi Arabia executed record number of prisoners in 2019: Report
ABC News | https://abcnews.go.com/International/saudi-arabia-executed-record-number-prisoners-2019-report/story?id=68250502, January 14, 2020
Death Sentence Overturned for Pervez Musharraf, Ex-Leader of Pakistan
The New York Times | https://www.nytimes.com/2020/01/13/world/asia/pervez-musharraf-pakistan-death-sentence.html, January 13, 2020
Japan executes foreigner for first time in a decade
Independent | https://www.independent.co.uk/news/world/asia/first-foreigner-execution-decade-japan-wei-wei-china-a9260671.html, December 26, 2019
The Khashoggi verdict is exactly what impunity looks like. It must be denounced.
Agnes Callamard, Opinions, Washington Post | https://www.washingtonpost.com/opinions/the-khashoggi-verdict-is-exactly-what-impunity-looks-like-it-must-be-denounced/2019/12/23/60b5226c-25cc-11ea-ad73-2, December 24, 2019
5 foreigners in drug case could face death in Indonesia
Inquirer.net | https://newsinfo.inquirer.net/1202995/5-foreigners-in-drug-case-could-face-death-in-indonesia?utm_medium=Social&utm_source=Facebook#Echobox=1576715552, December 18, 2019
Pervez Musharraf: Pakistan ex-leader sentenced to death for treason
BBC News | https://www.bbc.com/news/world-asia-50819772, December 17, 2019
Botswana urged to abolish death penalty after latest execution
The Guardian | https://www.theguardian.com/global-development/2019/dec/09/botswana-urged-to-abolish-death-penalty-after-latest-execution, December 09, 2019
I Oversaw Executions. We Cannot Resume the Federal Death Penalty
New York Times | https://www.nytimes.com/2019/12/04/opinion/federal-death-penalty-execution.html, December 04, 2019
Americans Now Support Life in Prison Over Death Penalty
Gallup News | https://news.gallup.com/poll/268514/americans-support-life-prison-death-penalty.aspx, November 25, 2019
UN criticizes Irans use of death penalty against minors
DW | https://www.dw.com/en/un-criticizes-irans-use-of-death-penalty-against-minors/a-50959211, October 24, 2019
The Death Penalty for Drugs: What Public Opinion Surveys in Asia Teach Us
Giada Girelli, Filter Mag | https://filtermag.org/death-penalty-drugs-public-opinion-asia/, October 17, 2019
Malaysia: Unfair trials, secretive hangings and petty drug convictions reveal ‘cruel injustice’ of the death penalty
Amnesty International | https://www.amnesty.org/en/latest/news/2019/10/malaysia-unfair-trials-secretive-hangings-petty-drug-convictions-cruel-injustice-death-penalty/, October 10, 2019
Against the death penalty: barrister Julian McMahon
ABC Radio | https://www.abc.net.au/radio/programs/conversations/julian-mcmahon-against-capital-punishment/11323694, July 25, 2019
Malaysia’s repeal of death penalty opens deep wounds, including that of Mongolian model murder
The Independent|http://theindependent.sg/malaysias-repeal-of-death-penalty-opens-deep-wounds-including-that-of-mongolian-model-murder/, July 09, 2019
Why is Sri Lanka reinstating death penalty?
DW|https://www.dw.com/en/why-is-sri-lanka-reinstating-death-penalty/a-49469184, July 07, 2019
Debate on death penalty not very vigorous 1 year after Aum executions
Japan Today|https://japantoday.com/category/crime/Debate-on-death-penalty-not-very-vigorous-1-year-after-AUM-executions, July 06, 2019
Prosecutor won’t seek death penalty in death of grandmother
News 4 Tucson|https://kvoa.com/news/2019/07/06/prosecutor-wont-seek-death-penalty-in-death-of-grandmother-2/, July 06, 2019
SC issues Interim Order against death penalty
Daily FT|http://www.ft.lk/top-story/SC-issues-Interim-Order-against-death-penalty/26-681423, July 06, 2019
Latter-day Saint Church defends involvement in death penalty case
Fox13 Salt Lake City|https://fox13now.com/2019/07/06/latter-day-saint-church-defends-involvement-in-death-penalty-case/, July 06, 2019
Death penalty debate remains muted in Japan 1 year after AUM executions
Kyodo News|https://english.kyodonews.net/news/2019/07/ac82c329cc50-debate-on-death-penalty-not-spirited-1-year-after-aum-executions.html, July 05, 2019
Source: Govt will not table Bill to abolish death penalty this Parliament meeting
The Star|https://www.thestar.com.my/news/nation/2019/07/05/source-govt-will-not-table-bill-to-abolish-death-penalty-this-parliament-meeting/#AutEm2wGijJmcWeJ.99, July 05, 2019
The murder was caught on surveillance video. The accused now faces death if convicted
Miami Herald|https://www.miamiherald.com/news/local/crime/article232314222.html, July 05, 2019
Sri Lanka- Supreme Court issues interim order against death penalty
MenaFN|https://menafn.com/1098726786/Sri-Lanka-Supreme-Court-issues-interim-order-against-death-penalty, July 05, 2019
Jury to consider death penalty in Chinese scholar killing
Federal News Network|https://federalnewsnetwork.com/u-s-news/2019/07/jury-to-consider-death-penalty-in-chinese-scholar-killing/, July 05, 2019
As Malaysia eyes death penalty repeal, Al Jazeera documentary explores dilemma of capital punishment
Malay Mail|https://www.malaymail.com/news/malaysia/2019/07/04/as-malaysia-eyes-death-penalty-repeal-al-jazeera-documentary-explores-dilem/1768271, July 04, 2019
Kentucky judge declares death penalty protocol unconstitutional
Crux Now|https://cruxnow.com/church-in-the-usa/2019/07/04/kentucky-judge-declares-death-penalty-protocol-unconstitutional/, July 04, 2019
Jose Martinez, The Hit Man Who Confessed To Killing Three Dozen People, Avoids The Death Penalty
BuzzFeed News|https://www.buzzfeednews.com/article/jessicagarrison/jose-martinez-the-hitman-who-confessed-to-killing-three, July 03, 2019
Merced County DA is seeking the death penalty. And it could get costly, experts say
The Merced Sunstar|https://www.mercedsunstar.com/news/local/crime/article232240867.html, July 03, 2019
Activists Hold Annual Fast Outside Supreme Court to Protest Death Penalty
Spektrum News|https://spectrumnews1.com/ky/lexington/news/2019/07/02/death-penalty-protest-in-washington, July 02, 2019
Kentucky judge declares states death penalty protocol unconstitutional
The Courier Journal|https://www.courier-journal.com/story/news/2019/07/02/death-penalty-protocol-struck-down-kentucky-judge/1634299001/, July 02, 2019
Lawmakers vote to substantially limit Oregon’s death penalty
Oregon Live|https://www.oregonlive.com/politics/2019/06/lawmakers-vote-to-substantially-limit-oregons-death-penalty.html, June 29, 2019
Abolish the Death Penalty?
New York Times|https://www.nytimes.com/2019/06/22/opinion/letters/death-penalty.html, June 22, 2019
GEORGIA PREPARES TO CARRY OUT THE 1,500TH EXECUTION IN THE U.S. SINCE 1976
The Intercept|https://theintercept.com/2019/06/18/georgia-execution-death-row/, June 18, 2019
In Los Angeles, only people of color are sentenced to death
The Guardian|https://www.theguardian.com/us-news/2019/jun/18/los-angeles-death-penalty-sentences-jackie-lacey, June 18, 2019
Debunking the Court’s Latest Death-Penalty Obsession
The Atlantic|https://www.theatlantic.com/ideas/archive/2019/06/supreme-court-defends-death-penalty-again/591682/, June 17, 2019
Poll finds Californians support the death penalty — and Newsom’s moratorium on executions
The LA Times|https://www.latimes.com/politics/la-pol-ca-california-death-penalty-poll-20190617-story.html, June 17, 2019
Using Saudi death penalty vs. children is barbaric
CNN|https://edition.cnn.com/2019/06/17/opinions/saudi-death-penalty-children-murtaja-qureiris-coogle/index.html, June 17, 2019
Reader reluctantly accepts governor’s death penalty moratorium
The LA Times|https://www.latimes.com/socal/burbank-leader/opinion/tn-blr-me-letters-to-the-editor-20190614-story.html, June 14, 2019
Saudi Teenager Faces Death Sentence for Acts When He Was 10
New York Times|https://www.nytimes.com/2019/06/09/world/middleeast/saudi-teenager-death-sentence.html, June 09, 2019
GOP Lawmakers Are Quietly Turning Against the Death Penalty
The Atlantic|https://www.theatlantic.com/politics/archive/2019/06/new-hampshire-helped-abolish-death-penalty/590803/, June 07, 2019
Death knell: taking a stand to abolish capital punishment
Monash University | https://lens.monash.edu/@politics-society/2019/02/26/1373504/fighting-to-abolish-capital-punishment, February 26, 2019
Germany abolishes death penalty in public vote
Independent | https://www.independent.co.uk/news/world/europe/germany-abolishes-death-penalty-hesse-state-capital-punishment-vote-referendum-a8645036.html, November 21, 2018
Pope Francis: ‘death penalty inadmissable’
Vatican News | https://www.vaticannews.va/en/pope/news/2018-08/pope-francis-cdf-ccc-death-penalty-revision-ladaria.html, August 02, 2018
One Test Could Exonerate Him. Why Wont California Do It?
The New York Times|https://www.nytimes.com/2019/06/14/opinion/sunday/death-penalty.html, May 17, 2018

USA

Poll finds Californians support the death penalty — and Newsom’s moratorium on executions

June 17, 2019, The LA Times

A death row inmate makes his way to his East Block cell after spending time in the yard at San Quentin State Prison in Northern California in 2016. (Gary Coronado / Los Angeles Times)

Californians narrowly support Gov. Gavin Newsom’s moratorium on death row executions but they oppose abolishing the death penalty outright, a new poll shows.

The findings offer some political affirmation for the Democratic governor who, after calling the death penalty immoral and unjust, stirred up controversy in March by issuing temporary reprieves to more than 700 inmates on California’s death row.

Conducted for the Los Angeles Times by UC Berkeley’s Institute for Governmental Studies, the poll found that 52% of California voters backed Newsom’s decision to grant a blanket reprieve to all condemned inmates on death row, compared with 48% who opposed the governor’s action. The partisan divide was substantial, with 72% of Democrats supporting the moratorium and 85% of Republicans against it.

But the survey also shows that a majority of Californians support capital punishment. Just over 61% of California voters said they supported keeping the death penalty as a “possible punishment for serious crimes,” compared with 39% who said it should be abolished, the poll found.

That might not portend well for a proposed 2020 statewide ballot measure that would end executions and replace death sentences with life imprisonment without the possibility of parole. Just over 46% of California voters support the proposed constitutional amendment but a majority, 53%, oppose it, the poll found.

Shilpi Agarwal, a staff attorney with an expertise in criminal justice at the American Civil Liberties Union of Northern California, said the support for both the death penalty and the moratorium may be because of a difference in how people feel about capital punishment in theory versus how they see it being carried out.

“A majority of people recognize that it is a broken system in practice and for that reason a moratorium is appropriate,” she said.

When announcing the moratorium on executions, Newsom argued that the death penalty discriminates against defendants who are poor, mentally ill, African American or Latino. He also noted that death row inmates in California and other states have been exonerated.

Berkeley Institute for Governmental Studies pollster Mark DiCamillo said the survey results could indicate that those arguments may have been convincing enough for Californians to back Newsom’s moratorium.

A majority of voters surveyed, however, did not support permanently abolishing the death penalty, probably because of awareness of slaying suspects such as Joseph James DeAngelo Jr., charged with killing at least 13 people and accused of raping more than 50 women in the Golden State Killer case, DiCamillo said.

“There’s a certain class of crime that is so heinous that the public just wants to reserve the right for death,” DiCamillo said.

Preserving the death penalty was favored by a majority of men and women and across age groups, incomes and regions of California. A majority of registered Democrats, African American voters and Californians with post-graduate degrees opposed the death penalty, the survey found.

Kent Scheidegger, legal director of the pro-death penalty Criminal Justice Legal Foundation, said support for capital punishment has been consistent in recent years.

California Gov. Gavin Newsom in March discusses his decision to place a moratorium on the death penalty during a news conference at the Capitol, in Sacramento. (Rich Pedroncelli / AP)

Man in the Window: The story of the Golden State Killer »

That point was most recently proved in 2016, when California voters rejected a ballot measure to abolish capital punishment and approved anotherto expedite the appeals process. Leading up to that election, campaign ads by pro-death penalty groups highlighted murders committed by death row inmates.

“It’s one thing to talk about this issue in the abstract and it’s quite another when you know the actual facts of what people really did,” Scheidegger said. “That affects people’s decision, and it should because that’s really what it’s all about.”

Still, support for the death penalty has steadily declined in California. Thirty years ago, 82% of California voters supported capital punishment and just 14% wanted it abolished, according to a Field Poll. DiCamillo worked for the Field Poll before moving to the Berkeley institute and said that, while the polls used differently methodologies, the wording of the death penalty questions on the two polls was identical.

Margin of error is 3 percentage points in either direction. Source: UC Berkeley Institute of Governmental Studies poll (Los Angeles Times)

The new poll found California voters were more amenable to a proposed ballot measure to abolish the death penalty and replace it with life in prison without the possibility of parole. The constitutional amendment was proposed by Assemblyman Marc Levine (D-San Rafael) in March and will appear on the 2020 ballot if approved by a two-thirds majority in both chambers of the California Legislature.

Though a slim majority of those polled said they opposed the measure, Levine is confident that Californians will vote to abolish the death penalty because he expects Newsom and Democratic leaders in the Legislature to make a case in favor of ending capital punishment that is strong enough to overcome the messaging of death penalty supporters.

“We need moral leadership to make the case to voters who have otherwise been led to believe that the death penalty makes us safer when we know it doesn’t,” Levine said. “If we lock murderers up and throw away the key, we still protect victims and their families of those crimes and never risk executing someone who is innocent.”

DiCamillo said the poll results indicate that some death penalty supporters wo

Poll finds Californians support the death penalty — and Newsom’s moratorium on executions
By PHIL WILLON
JUN 17, 2019 | 5:00 AM
| SACRAMENTO
  
Poll finds Californians support the death penalty — and Newsom’s moratorium on executions
A death row inmate makes his way to his East Block cell after spending time in the yard at San Quentin State Prison in Northern California in 2016. (Gary Coronado / Los Angeles Times)
Californians narrowly support Gov. Gavin Newsom’s moratorium on death row executions but they oppose abolishing the death penalty outright, a new poll shows.

The findings offer some political affirmation for the Democratic governor who, after calling the death penalty immoral and unjust, stirred up controversy in March by issuing temporary reprieves to more than 700 inmates on California’s death row.

Conducted for the Los Angeles Times by UC Berkeley’s Institute for Governmental Studies, the poll found that 52% of California voters backed Newsom’s decision to grant a blanket reprieve to all condemned inmates on death row, compared with 48% who opposed the governor’s action. The partisan divide was substantial, with 72% of Democrats supporting the moratorium and 85% of Republicans against it.

But the survey also shows that a majority of Californians support capital punishment. Just over 61% of California voters said they supported keeping the death penalty as a “possible punishment for serious crimes,” compared with 39% who said it should be abolished, the poll found.

That might not portend well for a proposed 2020 statewide ballot measure that would end executions and replace death sentences with life imprisonment without the possibility of parole. Just over 46% of California voters support the proposed constitutional amendment but a majority, 53%, oppose it, the poll found.

Shilpi Agarwal, a staff attorney with an expertise in criminal justice at the American Civil Liberties Union of Northern California, said the support for both the death penalty and the moratorium may be because of a difference in how people feel about capital punishment in theory versus how they see it being carried out.

“A majority of people recognize that it is a broken system in practice and for that reason a moratorium is appropriate,” she said.

When announcing the moratorium on executions, Newsom argued that the death penalty discriminates against defendants who are poor, mentally ill, African American or Latino. He also noted that death row inmates in California and other states have been exonerated.

Berkeley Institute for Governmental Studies pollster Mark DiCamillo said the survey results could indicate that those arguments may have been convincing enough for Californians to back Newsom’s moratorium.

A majority of voters surveyed, however, did not support permanently abolishing the death penalty, probably because of awareness of slaying suspects such as Joseph James DeAngelo Jr., charged with killing at least 13 people and accused of raping more than 50 women in the Golden State Killer case, DiCamillo said.

“There’s a certain class of crime that is so heinous that the public just wants to reserve the right for death,” DiCamillo said.

Preserving the death penalty was favored by a majority of men and women and across age groups, incomes and regions of California. A majority of registered Democrats, African American voters and Californians with post-graduate degrees opposed the death penalty, the survey found.

Kent Scheidegger, legal director of the pro-death penalty Criminal Justice Legal Foundation, said support for capital punishment has been consistent in recent years.

California Gov. Gavin Newsom in March discusses his decision to place a moratorium on the death penalty during a news conference at the Capitol, in Sacramento.
California Gov. Gavin Newsom in March discusses his decision to place a moratorium on the death penalty during a news conference at the Capitol, in Sacramento. (Rich Pedroncelli / AP)
Man in the Window: The story of the Golden State Killer »
That point was most recently proved in 2016, when California voters rejected a ballot measure to abolish capital punishment and approved anotherto expedite the appeals process. Leading up to that election, campaign ads by pro-death penalty groups highlighted murders committed by death row inmates.

“It’s one thing to talk about this issue in the abstract and it’s quite another when you know the actual facts of what people really did,” Scheidegger said. “That affects people’s decision, and it should because that’s really what it’s all about.”

Still, support for the death penalty has steadily declined in California. Thirty years ago, 82% of California voters supported capital punishment and just 14% wanted it abolished, according to a Field Poll. DiCamillo worked for the Field Poll before moving to the Berkeley institute and said that, while the polls used differently methodologies, the wording of the death penalty questions on the two polls was identical.

Margin of error is 3 percentage points in either direction. Source: UC Berkeley Institute of Governmental Studies poll
Margin of error is 3 percentage points in either direction. Source: UC Berkeley Institute of Governmental Studies poll (Los Angeles Times)
The new poll found California voters were more amenable to a proposed ballot measure to abolish the death penalty and replace it with life in prison without the possibility of parole. The constitutional amendment was proposed by Assemblyman Marc Levine (D-San Rafael) in March and will appear on the 2020 ballot if approved by a two-thirds majority in both chambers of the California Legislature.

Though a slim majority of those polled said they opposed the measure, Levine is confident that Californians will vote to abolish the death penalty because he expects Newsom and Democratic leaders in the Legislature to make a case in favor of ending capital punishment that is strong enough to overcome the messaging of death penalty supporters.

“We need moral leadership to make the case to voters who have otherwise been led to believe that the death penalty makes us safer when we know it doesn’t,” Levine said. “If we lock murderers up and throw away the key, we still protect victims and their families of those crimes and never risk executing someone who is innocent.”

DiCamillo said the poll results indicate that some death penalty supporters would back the proposed ballot measure, likely in part because of its assurance that current death row inmates would not leave prison if executions were abolished. Still, arguments against execution were not persuasive enough to win majority support in the poll.

“People in some ways think that that’s the preferable way to go,” DiCamillo said of life in prison without the possibility of parole. “But there’s a segment of the public that believes there will be some way, somehow down they road they will be able to get out.”

The poll, which also asked voters about the 2020 presidential race and other issues, surveyed 4,435 registered voters statewide and was conducted online June 4 to 10. The results have an estimated sampling error of roughly 3 percentage points in either direction.

California has executed 13 people since the U.S. Supreme Court reinstated the death penalty in 1976. During that same time, 80 death row inmates have died of natural causes and 26 have died by suicide, according to the California Department of Corrections and Rehabilitation.

Using his executive powers under the California Constitution, Newsom in March imposed a blanket reprieve of all death row inmates in California and vowed that no executions would take place while he served as governor. He also ordered the death chamber at San Quentin State Prison to be shuttered and suspended the state’s efforts to devise a method of lethal injection that would pass constitutional muster.

Reprieves are in essence temporary stays of execution and can be lifted when Newsom leaves the governor’s office.

The moratorium was one of the first major actions Newsom made after being sworn in as California’s 40th governor in January. Newsom’s first proposed budget, which was approved by the California Legislature last week, expands Medi-Cal coverage for immigrants in the country illegally and paid family leave.

Close to 57% of California voters approve of the job Newsom has been doing as governor, with 42% saying they disapprove, according to the poll.

uld back the proposed ballot measure, likely in part because of its assurance that current death row inmates would not leave prison if executions were abolished. Still, arguments against execution were not persuasive enough to win majority support in the poll.

“People in some ways think that that’s the preferable way to go,” DiCamillo said of life in prison without the possibility of parole. “But there’s a segment of the public that believes there will be some way, somehow down they road they will be able to get out.”

The poll, which also asked voters about the 2020 presidential race and other issues, surveyed 4,435 registered voters statewide and was conducted online June 4 to 10. The results have an estimated sampling error of roughly 3 percentage points in either direction.

California has executed 13 people since the U.S. Supreme Court reinstated the death penalty in 1976. During that same time, 80 death row inmates have died of natural causes and 26 have died by suicide, according to the California Department of Corrections and Rehabilitation.

Using his executive powers under the California Constitution, Newsom in March imposed a blanket reprieve of all death row inmates in California and vowed that no executions would take place while he served as governor. He also ordered the death chamber at San Quentin State Prison to be shuttered and suspended the state’s efforts to devise a method of lethal injection that would pass constitutional muster.

Reprieves are in essence temporary stays of execution and can be lifted when Newsom leaves the governor’s office.

The moratorium was one of the first major actions Newsom made after being sworn in as California’s 40th governor in January. Newsom’s first proposed budget, which was approved by the California Legislature last week, expands Medi-Cal coverage for immigrants in the country illegally and paid family leave.

Close to 57% of California voters approve of the job Newsom has been doing as governor, with 42% saying they disapprove, according to the poll.



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