Newsom commutes 548 death sentences to clear California row

Supreme Court approval required for majority of cases

Newsom can directly commute about 40% of the death sentences. The remaining sentences require approval from the California Supreme Court to become final. The court must approve clemency for any convict who has been convicted of a felony more than once.

This requirement means the court must approve 382 of the commutations, which is about 70% of the total cases. Another report stated that state Supreme Court approval will be required for nearly 60% of the death sentence commutations. For prisoners convicted of multiple felonies, approval from four of the seven judges on the California Supreme Court is necessary.

By comparison, President Joe Biden granted clemency to 37 of the 40 federal death-sentence prisoners in 2024.

Newsom cites state values and political future

Governor Gavin Newsom announced the commutations in a three-page letter to all Californians released on Thursday.

In his letter, Newsom stated, "After nearly 30 years in office I have come to understand the limits of what government can justly accomplish". He added, "I take this action because I firmly believe that state-sanctioned killing is incompatible with California’s values, undermines the foundations of our legal system, and diminishes each of us". Newsom previously maintained that capital punishment discriminates against people of color and those with mental illness. He acknowledged the decision was among the most difficult of his career because it revives painful memories for victims' families.

The move could appeal to the liberal Democratic primary base, though it may create a vulnerability with moderate blue-collar voters in a 2028 presidential race, according to Republican political consultant Mike Madrid. Madrid said the action makes Newsom a "champion" to his party's base.

The national debate over the death penalty intensified after a failed execution in Tennessee on September 30, where Christa Pike survived two attempts to inject lethal drugs. 30, where Christa Pike survived two attempts to inject lethal drugs. Pike was hospitalized and returned to prison on October 10. 10. President Donald Trump later ruled out the livestream, though Hasan remains scheduled for execution on Dec. 3.

Supporters and critics clash over clemency plan

Advocacy groups and prosecutors remain divided over the clemency plan. The American Civil Liberties Union praised the commutations as an end to a "racist, error-prone, and inhumane punishment". Executive Director Anthony Romero said the action reflects what justice demands. The organization is currently participating in a legal challenge against California's death-penalty law, arguing it is unconstitutional and racially discriminatory.

Conversely, victims' rights organizations and district attorneys criticized the decision. The California District Attorneys Association sent a letter to Newsom warning that the move would cause additional anguish for victims' families. Topo Padilla, president of Crime Victims United, stated, "I don’t think he or any person should undo the sentence rendered by a jury and signed off by a judge because of his personal beliefs or feelings".

Patricia Wenskunas, founder of the nonprofit Crime Survivors, called the decision "offensive" and "outrageous". Orange County District Attorney Todd Spitzer criticized the move, calling it "mercy for the wolves and while inflicting the ultimate act of cruelty on the sheep".

Historical context of California's death penalty

California last carried out an execution in 2006 during the administration of Republican Governor Arnold Schwarzenegger. The state performed no executions for more than a decade before Governor Gavin Newsom implemented a moratorium in March 2019. Newsom declared this moratorium about two months after taking office as governor.

A decade ago, voters also rejected a ballot initiative that would have abolished the death penalty.

Systemic issues and prisoner conditions

Many death-sentence prisoners lacked lawyers due to a statewide funding crisis, even though they were legally entitled to counsel. Michael Hersek, former executive director of the Habeas Corpus Resource Center and former state public defender, said, "It’s just a broken system". Taxpayers pay for defense and prosecution costs as well as administrative judicial expenses in post-conviction capital cases.

Many condemned inmates are now in their 80s and 90s, which makes their appeals longer and more expensive. Former State Public Defender Mary McComb said she has held a moral opposition to the death penalty since her first case defending a client with intellectual disabilities charged with a capital offense.

Since 2024, prison officials moved male death row prisoners from San Quentin State Prison to 24 other facilities.

Impact on victims and notable death row cases

Notable death row inmates include Richard Allen Davis, Randy Kraft, Scott Peterson, and members of the Manson family. The commutations benefit Davis, who killed Polly Klaas and famously flipped cameras the bird after his conviction.

Jess Nichol, the sister of Polly Klaas, once believed Davis deserved death but now thinks execution does not aid healing. It doesn’t.

Incoming administration to maintain moratorium

Xavier Becerra, a Democrat, will succeed Newsom as governor in January. Becerra said he will extend California’s moratorium on the death penalty.