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Major arguments against the death penalty focus on its inhumaneness, lack of deterrent effect, continuing racial and economic biases, and irreversibility. Proponents argue that it represents a just retribution for certain crimes, deters crime, protects society, and preserves the moral order.
Public opinion on the issue remains murky: A poll conducted in May 2021 found that 44 percent of the state's voters would vote to repeal the death penalty, while just 35 percent would vote no. But 21 percent were undecided, suggesting room for interpretation.
Technically, the death penalty still exists in California. Prosecutors can still seek it. But no one has been put to death in the state in 17 years.
In 2012, a proposal to abolish the death penalty was defeated by 52% of the vote. In 2016, voters narrowly rejected another proposal to end capital punishment and passed a measure to speed up executions with 51% approval. The accelerated execution law was largely upheld by the California Supreme Court in 2017.
Executions are carried out by lethal injection, but an inmate sentenced before its adoption may elect to be executed by gas inhalation instead. If one of these two methods is held invalid, the state is required to use the other method.
In June 2019, a poll by the Berkeley institute found that just over 61% of California voters said they supported keeping the death penalty, compared with 39% who said it should be abolished. In that survey, however, voters were not given the option of saying they were undecided about allowing executions.
As of March 2015, 77% of Republicans, 57% of Independents, and 40% of Democrats said they favored the death penalty. 17% of Republicans, 37% of Independents, and 56% of Democrats said they opposed capital punishment.
After the Supreme Court of California abolished the death penalty in People v. Anderson (1972), California voters restored capital punishment in California with California Proposition 17 (1972). However, since 1978, California has executed only 13 prisoners, while the population on death row has increased to 750.