Los Angeles District Attorney Nathan Hochman has decided to reinstate the use of the death penalty, reversing a ban set by his predecessor. This decision fulfills a campaign promise made during his run for office.
The district attorney’s office stated on Monday that the death penalty will only be pursued in “exceedingly rare” and “most egregious” cases.
Hochman emphasized his commitment to thoroughly evaluating every special circumstance murder case prosecuted in Los Angeles County. He remarked, “I remain unwaveringly committed to the comprehensive and thorough evaluation of every special circumstance murder case prosecuted in Los Angeles County.”
In 2019, California Governor Gavin Newsom imposed a moratorium on the death penalty, and the state has not executed any prisoners since 2006. Newsom’s term will conclude in January 2027, and he will not be eligible for re-election.
Under the updated policy in Los Angeles, defense attorneys will have the opportunity to present information regarding defendants when the death penalty is being considered. Additionally, survivors of murder victims will also have the chance to share their perspectives.
Hochman stated that, regardless of the governor’s stance, as long as the death penalty remains legal in California, “it is the district attorney’s responsibility to ensure that the death penalty is considered in appropriate cases.”
Hochman pointed to two extreme cases, the Sandy Hook Elementary School shooting and the 2017 Las Vegas mass shooting, as examples where the death penalty could be considered, even though these incidents occurred in different states.
In California, the death penalty can only be pursued if a murder charge involves special circumstances, such as multiple victims or the murder of a law enforcement officer.
One of the first changes made by former District Attorney George Gascón when he took office in 2020 was to remove the death penalty. In a special directive, Gascón argued that the death penalty was closely tied to racism and that executions failed to deter crime. He also stated that his office would review all cases of condemned inmates in LA County with the aim of overturning their death penalty sentences.
George Gascón was replaced by Nathan Hochman last year, reflecting growing dissatisfaction in California with progressive district attorneys and their criminal justice reforms.
During his campaign, Hochman promised to reinstate the death penalty for extreme cases.
Jess Farris, senior policy counsel at the ACLU of Southern California, criticized the death penalty, calling it a “failed and cruel policy” that LA has already moved past. She pointed out the ongoing issues that have led LA voters to repeatedly oppose the death penalty, including incompetent defense attorneys, racial and arbitrary application, its failure to deter crimes, its inherent flaws, and its promotion of violence as a solution to complex issues.
California currently has 592 condemned inmates, with 206 from LA County. Many of them have been moved from the former death row at San Quentin State Prison to general population units at other maximum-security prisons.
