California Death Penalty System Is Unconstitutional, Federal Judge Rules
A federal judge ruled Wednesday that California’s death penalty system is so arbitrary and plagued with delay that it is unconstitutional, a decision that is expected to inspire similar arguments in death penalty appeals around the country.
The state has placed hundreds of people on death row, but has not executed a prisoner since 2006. The result, wrote Judge Cormac J. Carney of United States District Court, is a sentence that “no rational jury or legislature could ever impose: life in prison, with the remote possibility of death.”
That sense of uncertainty and delay, he wrote, “violates the Eighth Amendment’s prohibition against cruel and unusual punishment.”
About 40 percent of California’s 748 death row inmates have been there more than 19 years....