Gov. Gavin Newsom said Thursday that he'll commute the death sentences of all 548 people on California's death row to life in prison without parole. He announced it in an open letter to Californians. For anyone twice convicted of a felony, the state constitution requires a recommendation from the California Supreme Court. That covers 382 of the cases. Newsom asked the justices to weigh in by the end of the year, before his term ends in January. Newsom isn't repealing the death penalty. Prosecutors can still seek it in new cases. California hasn't executed anyone since 2006, and Newsom halted executions in 2019. Voters refused to abolish the death penalty in 2012 and again in 2016.

The State Shouldn't Be Killing People

Newsom and his backers say executions are wrong and the system makes mistakes.

Killing prisoners goes against what California stands for. "I firmly believe that state-sanctioned killing is incompatible with California's values," Newsom wrote. He called the system "a failure" that "has resulted in the conviction of innocent people." He said these prisoners "will die in prison but not by our hand."

Picking and choosing would be unfair to victims. Newsom said he didn't exclude anyone because that "would inadvertently create two classes of murder victims."

California spends billions on the death penalty and almost never executes anyone. The state has spent $6 billion on the death penalty since 1978 and carried out 13 executions, according to the Death Penalty Information Center.

Civil rights leaders call it the right thing to do. ACLU Executive Director Anthony Romero called the move "an end to a racist, error-prone, and inhumane punishment." Bryan Stevenson, founder of the Equal Justice Initiative, called it a "really important act of moral leadership."

Some survivors say executions don't help them heal. Jess Nichol is the sister of Polly Klaas, the 12-year-old murdered in 1993. "The system tells survivors that execution matters to our healing. It doesn't," she said in a statement.

But Victims' Families Were Promised Justice

Victims' advocates say Newsom betrayed families who trusted the sentences.

Families trusted the sentences would stand. Marc Klaas, Polly's father, called the decision a "knife in the back." Her killer, Richard Allen Davis, is on the list. "I was told that when this guy was sentenced to death that this was a system we can trust," Klaas said. He also asked why Newsom acted two days after the midterms.

Newsom went back on his word. Anne Marie Schubert, a former Sacramento County district attorney who now runs the Criminal Justice Legal Foundation, says families weren't notified. Her group argues Newsom broke his 2019 promise that the moratorium wouldn't change anyone's conviction or sentence.

It's an insult to the people who lost someone. Patricia Wenskunas, founder of Crime Survivors, called the move "offensive" and "outrageous."

And One Governor Shouldn't Overrule Juries and Voters

Prosecutors say this is a blanket order that skips the democratic process.

Hundreds of juries made these calls one case at a time. "With the stroke of a pen, Governor Newsom has disregarded the decisions of hundreds of jurors and judges," said Monterey County District Attorney Jeannine Pacioni, president of the California District Attorneys Association. "Juries chose justice case by case, voters chose it five times, and one outgoing governor is trying to erase it all with a pen," said San Luis Obispo County District Attorney Dan Dow. He called it "a sickening abuse of power." Topo Padilla, president of Crime Victims United, said no one "should undo the sentence rendered by a jury and signed off by a judge."

Voters kept the death penalty, so voters should end it. Los Angeles County District Attorney Nathan Hochman said only the Legislature or voters can repeal it. He and Orange County District Attorney Todd Spitzer both say their offices will keep weighing death sentences in new cases. "The pursuit of justice does not bend to political whims," Spitzer said.

A blanket order should fail in court. Schubert says Newsom "cannot do this as a blanket," and her group has pledged to challenge the commutations in the state Supreme Court.

Where This Lands

Newsom and his allies say the state has no business killing anyone, especially with a system that has convicted innocent people. Victims' advocates like Marc Klaas say Newsom broke faith with families who trusted those sentences. Prosecutors say one governor just overrode hundreds of juries and the voters who kept the death penalty. Newsom can't commute 382 of the sentences unless at least four state Supreme Court justices recommend it. He asked for the court's answer by the end of the year, before Gov.-elect Xavier Becerra takes office Jan. 4. Becerra has said he'll extend the moratorium.

Sources