Death Penalty: The People V. Anderson Case
Problems began arising with the death penalty on February 18, 1972 with the People v. Anderson case. This is a case in which the California Supreme Court declared the death penalty cruel and unusual punishment in violation of the state constitution. This case caused all capital punishment sentences to be changed to life in prison without parole. “As a result, 107 inmates were taken off death row and resentenced.” (Propositions). This would be the start of an ongoing battle with the California Supreme Court. In November, 1972 California electorate overruled the State Supreme Court's decision by a state constitutional amendment known as Proposition 17. Due to the passing of Prop 17 legislation was enacted making the death penalty mandatory in
specified criminal cases starting in February 1973. Only three years after the passing of Prop 17 In 1976 the State Supreme Court held the death penalty unconstitutional for the second time. “The California Supreme Court, based its decision on the fact that the California death penalty statute was unconstitutional under the Federal Constitution because it did not allow the defendant to present any evidence in mitigation” (Propositions). Following this ruling, 70 inmates had their sentences changed to other than death. However, On Aug. 11, 1977 Legislature reenacted the death penalty. Under the new statute, evidence in mitigation was permitted. The Penal Code was also revised to include the sentence of life imprisonment without the possibility of parole.
On Nov. 7, 1978 California Proposition 7, or the Death Penalty Act, was on the November 7, 1978 statewide ballot in California as an initiated state statute, where it was approved. It remains the death penalty statute under which California currently operates. Since the 1978 passage of the death penalty in California, backers of both measures agreed the current system was broken.
specified criminal cases starting in February 1973. Only three years after the passing of Prop 17 In 1976 the State Supreme Court held the death penalty unconstitutional for the second time. “The California Supreme Court, based its decision on the fact that the California death penalty statute was unconstitutional under the Federal Constitution because it did not allow the defendant to present any evidence in mitigation” (Propositions). Following this ruling, 70 inmates had their sentences changed to other than death. However, On Aug. 11, 1977 Legislature reenacted the death penalty. Under the new statute, evidence in mitigation was permitted. The Penal Code was also revised to include the sentence of life imprisonment without the possibility of parole.
On Nov. 7, 1978 California Proposition 7, or the Death Penalty Act, was on the November 7, 1978 statewide ballot in California as an initiated state statute, where it was approved. It remains the death penalty statute under which California currently operates. Since the 1978 passage of the death penalty in California, backers of both measures agreed the current system was broken.