# Gov Newsom cancels Death Penalty

**URL:** <https://boards.straightdope.com/t/gov-newsom-cancels-death-penalty/831109>\
**Category:** Great Debates\
**Created:** [March 14, 2019, 2:42am UTC](https://boards.straightdope.com/t/gov-newsom-cancels-death-penalty/831109 "2019-03-14T02:42:45Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![asahi](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asahi/32/8693_2.png) [@asahi](https://boards.straightdope.com/u/asahi)\
**Post date:** [March 14, 2019, 2:21pm UTC](https://boards.straightdope.com/t/gov-newsom-cancels-death-penalty/831109/21 "2019-03-14T14:21:22Z")

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> [@Enola\_Gay](#):
>
> The majority of California voters are in favor of the death penalty, so if he’s accountable to the will of the voters, he has no right to overrule them.
> 
> [Politicians don’t normally overrule voters. On the death penalty, Gavin Newsom just did](https://www.latimes.com/politics/la-pol-ca-governor-gavin-newsom-california-death-row-moratorium-20190313-story.html)

Then they can vote him out in the next election if killing prisoners is so important to them. I somehow doubt it’s that important, but I could be wrong.

In any case, criminal justice isn’t always about doing what’s popular, but about what’s right. And sometimes it’s necessary for the leader of a state to show leadership on an issue and change the paradigm.

There’s no evidence that capital punishment makes us a better, safer, or more law-abiding society; it just makes us feel better about what happens to the perpetrators of murder once they’re caught. Most of the time, they’ve served lengthy sentences behind bars by the time they’re executed, and a majority of death row inmates are probably never executed anyway.

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**Author:** ![bobot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bobot/32/21622_2.png) [@bobot](https://boards.straightdope.com/u/bobot)\
**Post date:** [March 14, 2019, 2:27pm UTC](https://boards.straightdope.com/t/gov-newsom-cancels-death-penalty/831109/22 "2019-03-14T14:27:18Z")

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> [@ITR\_champion](#):
>
> The death penalty is morally wrong. I’m glad to see a politician doing what’s morally right for once.

Agreed. Bravo, Governor!

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**Author:** ![DragonAsh](https://avatars.discourse-cdn.com/v4/letter/d/db5fbb/32.png) [@DragonAsh](https://boards.straightdope.com/u/DragonAsh)\
**Post date:** [March 14, 2019, 2:37pm UTC](https://boards.straightdope.com/t/gov-newsom-cancels-death-penalty/831109/23 "2019-03-14T14:37:58Z")

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> [@Smapti](#):
>
> Hard disagree. The death penalty is the only just punishment for certain individuals.

Even if I agreed with your statement (which I don’t) how do you know you have one of those ‘certain individuals’?

Do you want to take a guess at how many death row inmates have been exonerated (that we know about)?

If you still think the death penalty is appropriate even knowing that the state will be killing some innocent people with almost 100% certainty, it means you’re not interested in justice. You simply want retribution. And that’s now how the justice system is supposed to work in civilized society.

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**Author:** ![Peter\_Morris](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peter_morris/32/359_2.png) [@Peter\_Morris](https://boards.straightdope.com/u/Peter_Morris)\
**Post date:** [March 14, 2019, 3:15pm UTC](https://boards.straightdope.com/t/gov-newsom-cancels-death-penalty/831109/24 "2019-03-14T15:15:47Z")

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> [@DrDeth](#):
>
> CA has had very few DP sentences that later turned out to be innocent

> [@Quartz](#):
>
> But not zero.

> [@Smapti](#):
>
> Care to name one?

Ernest (Shujaa) Graham  
Troy Lee Jones  
Oscar Lee Morris (no relation)  
Patrick Croy  
Vicente Benavides

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**Author:** ![Peter\_Morris](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peter_morris/32/359_2.png) [@Peter\_Morris](https://boards.straightdope.com/u/Peter_Morris)\
**Post date:** [March 14, 2019, 4:07pm UTC](https://boards.straightdope.com/t/gov-newsom-cancels-death-penalty/831109/25 "2019-03-14T16:07:28Z")

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> [@DrDeth](#):
>
> My own thoughts are that he should be accountable to the will of the voters

> [@Enola\_Gay](#):
>
> The majority of California voters are in favor of the death penalty, so if he’s accountable to the will of the voters, he has no right to overrule them.

[I’ll let President Bartlett answer that one.](https://www.youtube.com/watch?v=X9jb8DywH2s)

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**Author:** ![puddleglum](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puddleglum/32/137_2.png) [@puddleglum](https://boards.straightdope.com/u/puddleglum)\
**Post date:** [March 14, 2019, 4:20pm UTC](https://boards.straightdope.com/t/gov-newsom-cancels-death-penalty/831109/26 "2019-03-14T16:20:12Z")

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How is this legal? The governor has the power to unilaterally overrule the legislature and the referendum outcomes? Is it okay for the governor to just decide not to do his job? He should have to commute the sentences one by one and not just start acting like the Sun King.

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**Author:** ![AlsoNamedBort](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alsonamedbort/32/3213_2.png) [@AlsoNamedBort](https://boards.straightdope.com/u/AlsoNamedBort)\
**Post date:** [March 14, 2019, 4:25pm UTC](https://boards.straightdope.com/t/gov-newsom-cancels-death-penalty/831109/27 "2019-03-14T16:25:39Z")

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> [@puddleglum](#):
>
> How is this legal? The governor has the power to unilaterally overrule the legislature and the referendum outcomes?

Right from the article:

> [@](#):
>
> The California Constitution gives the governor power to grant reprieves to inmates

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**Author:** ![Miller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/miller/32/481_2.png) [@Miller](https://boards.straightdope.com/u/Miller)\
**Post date:** [March 14, 2019, 4:53pm UTC](https://boards.straightdope.com/t/gov-newsom-cancels-death-penalty/831109/28 "2019-03-14T16:53:23Z")

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I know a lot of people have valid issues with Newsom as a politician, but between this and his stance on gay marriage when he was mayor, he’s got my vote for pretty much any political office he cares to run for.

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**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\
**Post date:** [March 14, 2019, 5:00pm UTC](https://boards.straightdope.com/t/gov-newsom-cancels-death-penalty/831109/29 "2019-03-14T17:00:38Z")

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> [@AlsoNamedBort](#):
>
> Right from the article:

But I’m not totally clear if he has issued commutations to all of those on death row, as opposed to establishing a policy that there will be no executions in California. The way the press is reporting it, it seems like the latter.

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**Author:** ![AlsoNamedBort](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alsonamedbort/32/3213_2.png) [@AlsoNamedBort](https://boards.straightdope.com/u/AlsoNamedBort)\
**Post date:** [March 14, 2019, 5:08pm UTC](https://boards.straightdope.com/t/gov-newsom-cancels-death-penalty/831109/30 "2019-03-14T17:08:35Z")

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> [@Ravenman](#):
>
> But I’m not totally clear if he has issued commutations to all of those on death row, as opposed to establishing a policy that there will be no executions in California. The way the press is reporting it, it seems like the latter.

[Here’s the actual executive order.](https://www.gov.ca.gov/wp-content/uploads/2019/03/3.13.19-EO-N-09-19.pdf)

Basically, the moratorium is a reprieve for everyone on death row, and basically signal that anyone else sentenced to death is going to be reprieved, so don’t bother. It’s not actually changing a law (and I doubt there’s any law that requires the death penalty). Similar to what happened in Illinois. Ryan issued a moratorium by commuting all current sentences. Then ten years latter they actually passed a law banning the death penalty. In that time a dozen more people were sentenced to death, but no one was executed.

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**Author:** ![SmartAleq](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smartaleq/32/163_2.png) [@SmartAleq](https://boards.straightdope.com/u/SmartAleq)\
**Post date:** [March 14, 2019, 5:15pm UTC](https://boards.straightdope.com/t/gov-newsom-cancels-death-penalty/831109/31 "2019-03-14T17:15:32Z")

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Aside from the moral issue, getting rid of the DP is just sensible. An initiative to “speed up” the DP is meaningless–there are mandatory appeals and an entire process that must be followed to the letter before a prisoner can be executed and even if the prisoner is sick of the process and begs for the needle it can’t be granted until every “i” has been dotted and every “t” crossed. This means that any DP sentence that is carried out is going to be miles more expensive in taxpayer dollars than the very longest life sentence w/o parole could possibly be, and also shields the state from challenges of wrongful death from the family should a mistake be made and an innocent person get the axe. Newsom is on the side of sense, good for him.

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**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\
**Post date:** [March 14, 2019, 5:18pm UTC](https://boards.straightdope.com/t/gov-newsom-cancels-death-penalty/831109/32 "2019-03-14T17:18:30Z")

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> [@AlsoNamedBort](#):
>
> [Here’s the actual executive order.](https://www.gov.ca.gov/wp-content/uploads/2019/03/3.13.19-EO-N-09-19.pdf)
> 
> Basically, the moratorium is a reprieve for everyone on death row, and basically signal that anyone else sentenced to death is going to be reprieved, so don’t bother. It’s not actually changing a law (and I doubt there’s any law that requires the death penalty). Similar to what happened in Illinois. Ryan issued a moratorium by commuting all current sentences. Then ten years latter they actually passed a law banning the death penalty. In that time a dozen more people were sentenced to death, but no one was executed.

Makes sense, thank you.

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**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\
**Post date:** [March 14, 2019, 5:20pm UTC](https://boards.straightdope.com/t/gov-newsom-cancels-death-penalty/831109/33 "2019-03-14T17:20:07Z")

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He never said that he would abide by the will of the voters. He said that he would be accountable to them. And he is. If they are sufficiently offended by his actions, then they can vote him out at the next election, or even recall him early. And the fact that he’s doing this anyway, despite the awareness that it could cost him his job, makes his actions even more praiseworthy.

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**Author:** ![snowthx](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowthx/32/10660_2.png) [@snowthx](https://boards.straightdope.com/u/snowthx)\
**Post date:** [March 14, 2019, 5:26pm UTC](https://boards.straightdope.com/t/gov-newsom-cancels-death-penalty/831109/34 "2019-03-14T17:26:00Z")

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The Governor has the power to stay an execution, correct? Likewise, if someone is executed it is the Governor’s responsibility as well?

Since the Governor is responsible for death row inmates if they are executed or not, seems like Newsom went with his conscience. I applaud this decision and action.

This is NOT the same as other decisions where the Governor does NOT have power over individuals.

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**Author:** ![SpoilerVirgin](https://avatars.discourse-cdn.com/v4/letter/s/4491bb/32.png) [@SpoilerVirgin](https://boards.straightdope.com/u/SpoilerVirgin)\
**Post date:** [March 14, 2019, 5:26pm UTC](https://boards.straightdope.com/t/gov-newsom-cancels-death-penalty/831109/35 "2019-03-14T17:26:48Z")

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> [@Miller](#):
>
> I know a lot of people have valid issues with Newsom as a politician, but between this and his stance on gay marriage when he was mayor, he’s got my vote for pretty much any political office he cares to run for.

I was going to say, I’m no fan of Gavin Newsom, but taking a moral stance even when it conflicts with the law is a key element of his political persona and something that California voters were well aware of when they chose him to be governor. I’m a supporter of the death penalty in theory, but his order makes a good case, particularly the fact that we’ve spent $5 billion to execute only 13 people since 1978.

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**Author:** ![That\_Don\_Guy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/that_don_guy/32/538_2.png) [@That\_Don\_Guy](https://boards.straightdope.com/u/That_Don_Guy)\
**Post date:** [March 14, 2019, 6:28pm UTC](https://boards.straightdope.com/t/gov-newsom-cancels-death-penalty/831109/36 "2019-03-14T18:28:00Z")

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> [@PastTense](#):
>
> Although California has the highest population of any state there have only been 13 executions since 1976 and the last one was in 2006.

[There’s a reason for that.](https://www.npr.org/templates/story/story.php?storyId=6635132)

I also vaguely remember something about there having to be a licensed doctor present at executions to make sure it’s “humane,” but some licensing board said that it would immediately revoke the license of anybody who agreed to take such a position, making it impossible to carry out the execution legally.

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**Author:** ![iamthewalrus\_3](https://avatars.discourse-cdn.com/v4/letter/i/258eb7/32.png) [@iamthewalrus\_3](https://boards.straightdope.com/u/iamthewalrus_3)\
**Post date:** [March 14, 2019, 7:13pm UTC](https://boards.straightdope.com/t/gov-newsom-cancels-death-penalty/831109/37 "2019-03-14T19:13:26Z")

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> [@ITR\_champion](#):
>
> The death penalty is morally wrong. I’m glad to see a politician doing what’s morally right for once.

Strong agree.

As far as the will of the voters, I don’t think the existence of votes on single issues should obligate politicians to follow those votes.

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**Author:** ![Bone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bone/32/407_2.png) [@Bone](https://boards.straightdope.com/u/Bone)\
**Post date:** [March 14, 2019, 7:20pm UTC](https://boards.straightdope.com/t/gov-newsom-cancels-death-penalty/831109/38 "2019-03-14T19:20:55Z")

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I hate Newsom, but I have no problem with this. Seems like the right call and the right reasoning as well.

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [March 14, 2019, 7:22pm UTC](https://boards.straightdope.com/t/gov-newsom-cancels-death-penalty/831109/39 "2019-03-14T19:22:56Z")

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> [@snfaulkner](#):
>
> He has every right afforded to him by the people of California. If Californians are upset by it, they can vote him out, as is THEIR right.

Not until next election.

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [March 14, 2019, 7:25pm UTC](https://boards.straightdope.com/t/gov-newsom-cancels-death-penalty/831109/40 "2019-03-14T19:25:28Z")

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> [@Enola\_Gay](#):
>
> The death penalty has been on the ballot in California continually. In 2016 CA voters even passed Prop 66 to speed up executions. And twice in the past 15 years, voters rejected measures to abolish the death penalty.
> 
> I think it’s slimy that during his campaign to run for governor, he acknowledged that although he was personally opposed to it, he would honor the will of the people. Also the death penalty has been on hold since 2006 in CA for other legal reasons, so Newsom’s moratorium will effectively change nothing. This makes me question his motives.
> 
> ETA I am opposed to the death penalty (for financial, not moral reasons) & voted for Newsom

Right, basically he _lied_. Which is what I expected. I am not happy with the DP, especially the way it is done in say, Texas, too much chance of a innocent man being executed. (and in fact in texas, there is a very good chance that this guy was executed for setting a fire that killed his family, when in fact that fire was accidental).

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