Rizio and Nelson California Law Blog

The Death Penalty is something that has raised much controversy in countries all around the world. In the United States, each individual state determines whether or not is hosts the death penalty as punishment for severe crimes and how that punishment is administered. In modern times, the most common method of execution in such cases is lethal injection although for many years the favoured method was electrocution.

In 1872, California Incorporated capital punishment into the Penal Code, stating only a few restrictions:
- the execution must occur within the walls or yard of a jail, court house or other convenient private place within the county of conviction
- the Sheriff of the county must be present during the execution and he must invite a physician, the county’s District Attorney and twelve citizens of upstanding reputation.
- the defendant may request the presence of two (2) religious representatives and up to five (5) relatives or acquaintances
- all present parties at the execution must be at least the age of majority.

The legislation was amended in 1891, stating that all executions must occur within the walls of a State Prison designated by the presiding county, also making it mandatory for the warden of that facility to be present instead of the Sheriff of the county. Invitation extension was also adjusted to include the Attorney General as opposed to the county’s District Attorney.

Until 1937, California employed hanging as the preferred method of execution when this was now switched to lethal gas. Between this time and 1967, a total of 194 prisoners in the state of California were executed this way. A dead zone seemed to occur until 1972, as no executions occurred at all during this twenty-five year period due to various decisions handed down by State and Federal Supreme courts. That year, the Supreme Court of California found that capital punishment “constituted cruel and unusual punishment under state Constitution”, resulting in 107 inmates having their sentences changed from death to life imprisonment. Among these inmates was Charles Manson and numerous members of his cult “The Family”.

Over the course of history, California has seen many changes to their legislation regarding capital punishment. It has been revoked and reinstated numerous times and the methods have changed with technology and what society finds acceptable. Now, the gas chamber has been barred and California uses lethal injection to execute its condemned, and the guilty verdict must stem from a very serious crime.

If you or a loved one has been threatened with the death penalty, or faces charges for a crime punishable by death, it is important to contact an experienced criminal defense attorney as soon as possible.