California Proposition 7, or the Death Penalty Act, is a

ballot proposition A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...

approved in

California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...

by statewide ballot on November 7, 1978. Proposition 7 increased the penalties for

first degree murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the ...

and

second degree murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the ...

, expanded the list of special circumstances requiring a

death sentence Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...

or life imprisonment without the possibility of

parole Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...

, and revised existing law relating to mitigating or

aggravating circumstances Aggravation, in law, is "any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself. ...

Background

Conservative politician John V. Briggs recruited attorney Donald J. Heller to draft the proposal. The official

ballot title A ballot title is the official, short, summary of a referendum that appears on the ballot. The goal of a good ballot title is to be a neutral summary that accurately conveys to voters the gist of what the proposed new law says or would do. The Na ...

and summary of the

ballot measure A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...

prepared by the

California Attorney General The attorney general of California is the state attorney general of the Government of California. The officer's duty is to ensure that "the laws of the state are uniformly and adequately enforced" (Constitution of California, Article V, Section ...

read: :Murder. Penalty. Initiative Statute. :Changes and expands categories of first degree murder for which penalties of death or confinement without possibility of parole may be imposed. Changes minimum sentence for first degree murder from life to 25 years to life. Increases penalty for second degree murder. Prohibits parole of convicted murderers before service of 25 or 15 year terms, subject to good-time credit. During punishment stage of cases in which death penalty is authorized: permits consideration of all felony convictions of defendant; requires court to impanel new jury if first jury is unable to reach a unanimous verdict on punishment. Financial impact: Indeterminable future increase in state costs."

Election results

*Yes: 4,480,275 (71.1%) *No: 1,818,357 (28.9%)

Impact

Since its creation until the end of 2011, the law had resulted in 13 executions and cost taxpayers $4 billion, according to a study co-authored by

Loyola Law School Loyola Law School is the law school of Loyola Marymount University, a private Catholic university in Los Angeles, California. Loyola was established in 1920. Academics Degrees offered include the Juris Doctor (JD); Master of Science in Legal ...

professor Paula Mitchell. Mitchell and U.S. 9th Circuit Court of Appeals Judge Arthur Alarcón estimated California was spending $184 million a year on lawyers, expert witnesses and secure prisons associated with the death row population created by Proposition 7. Ron Briggs, son of John Briggs, joined Heller and others in seeking to repeal Proposition 7, including Jeanne Woodford, a former warden at San Quentin State Prison, and former Los Angeles district attorney Gil Garcetti. Arguments for repeal have focused on the costs and the ethics of the death penalty.

References

External links

PDF of the November 7, 1978 ballot proposition voter guide

1978 California ballot propositions Death penalty law Criminal penalty ballot measures in the United States {{US-law-stub