Governor Gavin Newsom rewrites California's death penalty policy in final major act
The governor’s final major legal move requires California Supreme Court approval for 382 of the cases due to state constitutional rules.
By Salma Farouk ·
548 people sentenced to death in California will have their sentences changed to life in prison without the possibility of parole, according to an announcement from the governor’s office. The decision applies to all current death row inmates, comprising 529 men and 19 women.
Governor Gavin Newsom made the announcement on Thursday as he prepares to leave office after serving eight years. In 2019, he implemented a moratorium on executions, but the population on death row continued to grow. His office states that the move aligns with his long-held view that state-sanctioned killing contradicts the state's values.
“I take this action because I firmly believe that state-sanctioned killing is incompatible with California’s values, undermines the foundations of our legal system, and diminishes each of us,” Newsom wrote in a letter. He noted that the decision was among the most difficult of his career because it will trigger painful memories for the families of crime victims. Newsom added that he bears sole responsibility for the impact of the choice, just as he would have for each individual execution.
The process to finalize these changes faces a specific legal hurdle. The state constitution requires the California Supreme Court to approve clemency when a person convicted of a felony has received clemency previously. Consequently, the court must review and approve 382 of the 548 commutations. This figure represents roughly 70% of the total cases, according to data provided by the governor's staff.
The move reverses the will of voters from 2016, when they rejected a ballot measure that would have repealed the death penalty entirely. The American Civil Liberties Union, which has argued that the death penalty reflects racial bias, praised the announcement. Anthony Romero, the organization’s executive director, stated that the commutations end a punishment he described as racist, error-prone, and inhumane. The ACLU is currently involved in a legal challenge alleging that California’s death penalty statute is racially discriminatory and unconstitutional.
Newsom has previously argued that capital punishment discriminates against mentally ill people and people of color. He views it as incorrect for the government to execute its own citizens. The governor’s office provided the specific breakdown of the 548 inmates and the 382 cases requiring judicial review to clarify the administrative steps ahead.
The next step in the process involves the California Supreme Court reviewing the 382 cases that meet the constitutional criteria for judicial approval. Until those reviews are complete, the commutations remain subject to that legal standard. The governor’s office has finalized the list of all 548 individuals whose sentences will be altered once the necessary approvals are secured.
